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(영문) 수원고등법원 2020.08.26 2020노170
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence (ten months of imprisonment, two years of suspended execution, etc.) imposed by the lower court in the part of the defendant's case is unreasonable.

B. On the grounds that the Defendant’s family members do not have enough time to look at the Defendant in light of the background and content of the instant crime and the record of punishment of the Defendant and the applicant for medical treatment and custody (hereinafter “defendants”), the Defendant claims for medical treatment and custody on the grounds that the risk of recidivism is recognized.

Nevertheless, the court below dismissed the Defendant’s request for medical treatment and custody.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the first instance court’s sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2) The instant crime is likely to be committed by the Defendant to damage the interlater, etc. of various vehicles parked and to inflict injury upon an unspecified female.

Some victims of the crime of causing property damage that has not been agreed are punished by the defendant.

On the other hand, at the time of committing the instant crime, the Defendant was in a state that the Defendant had weak ability to discern things or make decisions.

The victim F of the instant injury, the victim L, H, and M does not want to be punished by the Defendant.

There is no history of criminal punishment against the defendant beyond a fine.

The defendant is scheduled to be treated with mental illness during the period of probation and probation, and the defendant is under continuous mental therapy after committing the crime in this case.

The father of the defendant wanted to be the wife of the defendant while having continued care and treatment for the defendant in this court.

The above circumstances.

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