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(영문) 대법원 1984. 8. 21. 선고 84도1510,84감도229 판결
[살인ㆍ치료감호][공1984.10.15.(738),1588]
Main Issues

Cases faced with medical treatment and custody by applying the Social Protection Act while not guilty on the grounds of mental disorder;

Summary of Judgment

Cases faced with medical treatment and custody by applying the Social Protection Act while not guilty on the grounds of mental disorder;

[Reference Provisions]

Article 10 of the Criminal Act, Articles 8(1) and 20(1) of the Social Protection Act

Defendant Saryary and Appellants for Custody

Defendant and Appellant for Custody

upper and high-ranking persons

Prosecutor and the applicant for concurrent residence of the defendant

Defense Counsel

Attorney Lee Young-ok

Judgment of the lower court

Seoul High Court Decision 83No2973,83No593 Decided April 26, 1984

Text

All appeals filed by a prosecutor and a requester for reduction of the police officer are dismissed.

Reasons

1. We examine the prosecutor’s grounds of appeal.

According to the reasoning of the judgment of the court below, the court below held that the defendant suffered from a disease between 1966 and 196, the defendant's statement to the court below's police officer, each statement to the non-indicted in the process of handling affairs by judicial police officer, and the defendant's speech and behavior and attitude in the court of the court below, i.e., the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's.

2. We examine the grounds for appeal by the requester for defense and the state appointed defense counsel together.

In light of the records, the court below's decision that recognized the requirements for medical treatment and custody as to the applicant for a warrant of custody cannot be said to have an incomplete hearing such as the theory of a lawsuit on the measures put on medical treatment and custody pursuant to Articles 8 (1) 1 and 20 (1) of the Social Protection Act. Therefore, the issue is groundless.

3. Therefore, all appeals filed by the prosecutor and the respondent for identification are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju

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