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(영문) 대전고등법원 2014.10.06 2014노309
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized pipe No. 1 (No. 1).

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder and the applicant for medical treatment and custody (hereinafter “Defendant”) had weak ability to discern things or make decisions at the time of committing the instant crime.

B. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. In full view of the following: (a) the process and form of each of the instant crimes, the circumstances after the commission of the instant crime, and the description of the written testimony of the doctor P of the Medical Treatment and Custody Center at the Medical Treatment and Custody Center at the time of each of the instant crimes, the Defendant is deemed to have had the ability to discern things or make decisions due to the net type of injury and injury at the time of the instant crimes.

Therefore, the judgment of the court below which rejected the defendant's claim of mental disability and did not reduce mental disability cannot avoid reversal.

3. Accordingly, the defendant's mental and physical argument is reasonable. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's grounds for appeal of unfair sentencing, and the following decision is rendered after pleading, and the prosecutor also determines medical treatment and custody requested by the

Criminal facts

The criminal facts of the judgment of the court below that cause medical treatment and custody are the same as the criminal facts of the judgment of the court below, with the exception that "the defendant and the requester for medical treatment and custody have the ability to discern things or make decisions due to the net type of illness, and committed the following crimes, and there is a need to provide medical treatment at the medical treatment and custody facility for the future treatment of mental disorders, etc., and there is a risk of recidivism" added to the first head.

Summary of Evidence

The summary of the evidence of the lower judgment is as stated in the summary of the lower judgment, except for the addition of “1. The mental sentiment of the preparation of PP by the Medical Treatment and Custody Center” to the summary of

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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