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(영문) 서울고등법원 2020.01.16 2019노2376
준강도등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (one year and six months of imprisonment) sentenced by the court below to the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") is too unreasonable.

Since 2016, the defendant has been continuously treated at a hospital, and the defendant and his family have strong intention to receive medical treatment.

The Defendant needs to continuously exchange with her mother for appropriate treatment by definite ties with her mother. In the event of medical treatment and custody, the Defendant cannot be exchanged with her mother, and the Defendant’s symptoms cannot be expected.

In fact, while the defendant is detained in the medical treatment and custody center, the defendant's symptoms have deteriorated.

Considering these circumstances, the lower court’s judgment that sentenced the Defendant to medical treatment and custody is unreasonable, even though the Defendant could fully alleviate symptoms or the risk of recidivism through medical treatment at outside medical institutions other than medical treatment and custody

The lower court determined the Defendant regarding the Defendant case, based on the following factors: (a) there was a record of punishment due to the unfavorable circumstances, multiple violent crimes, etc.; (b) the victims were repeated in a short period during the suspension of execution; (c) the victims want to prevent recurrence and punish the same crimes as the facts charged in the instant case; and (d) the favorable circumstances; (b) each of the instant crimes was committed in a state of mental disability; (c) the victim I agreed with the victim I; (d) the Defendant was the young age; and (e) the Defendant’s mother was under medical treatment and guidance; and (e) the Defendant’s mother was serving several sentencing conditions in the public trial,

In full view of the factors and sentencing criteria of the sentencing as expressed in the judgment of the court below, the sentencing judgment of the court below is not deemed to have exceeded the reasonable bounds of its discretion, and it is unreasonable to maintain the judgment of the court below as it is.

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