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(영문) 부산고등법원 2017.12.20 2017노533
특수상해등
Text

Defendant

In addition, all appeals filed by both medical care and custody applicants and the prosecutor are dismissed.

Reasons

1. The part of the defendant case

A. The summary of the grounds for appeal [the sentencing (one year of imprisonment, three years of suspended sentence, three years of probation, observation and treatment order)] 1] When considering the following: (a) there is no record of committing the same kind of crime of the defendant; (b) the confession and reflect of the crime; (c) the crime committed in the state of mental and physical weakness due to mental illness; and (d) the victims are making efforts to recover from damage by depositing money for the victims, the sentencing of the court below is too unreasonable.

2) In light of the details and contents of the crime committed by the prosecutor, the fact that the crime is inferior, the case is serious, the risk of recidivism is likely to be committed due to mental illness, the victims are punished by the defendant’s strict punishment due to the failure to reach an agreement, the lower court’s sentencing is too uneasible and unreasonable.

B. The lower court determined the Defendant’s punishment and suspended its execution, taking into account the various circumstances as indicated in its reasoning.

The circumstances alleged by the Defendant and the Prosecutor were already considered in the sentencing process of the lower court.

In addition to the circumstances taken into account by the court below, there is no new change in circumstances that could change the sentence of the court below.

In full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, as shown in the hearing of the court below and the party concerned, the sentencing of the court below is deemed to be unfairly heavy or light by exceeding the reasonable scope of discretion.

It does not seem that it does not appear.

All the arguments of the defendant and the prosecutor are without merit.

2. Part of the medical treatment, custody claim

A. The judgment of the court below which dismissed the prosecutor's request for medical care and custody even though the applicant's application for medical care and custody needs to receive treatment at the risk of recommitting a crime and the medical care and custody facility.

[This case's appeal against the judgment of the defendant is considered to have an appeal against the judgment of the medical care claim case(Article 14(2) of the Medical Care and Custody Act). However, the person who filed the medical care and custody claim is the prosecutor.

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