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(영문) 대전고등법원 (청주) 2013.11.07 2013노130
사기등
Text

Defendant

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

Reasons

1. In light of the purport of the grounds for appeal, the court below's decision is unfair to put the defendant under medical treatment and custody, in light of the fact that the defendant has no mental disorder or behavior" against the defendant, and that the defendant has not committed a second offense against his depth.

2. Determination

A. According to the statement of a mental appraisal of the defendant in preparation of AM with the part of the medical treatment and custody claim case: (a) it is acknowledged that the defendant has not shown mental disorder abnormal at the time of his/her mental appraisal; (b) the evidence duly adopted and investigated by the court below and the following circumstances recognized by the above mental appraisal statement; (c) as a result of a mental appraisal of the defendant, the defendant shows that the efficiency of recognition function due to mental disorder has deteriorated; and (d) the defendant is likely to suffer from non-specific mental disorder which shows over-net and unrealistic accidents; (e) the defendant is in the degree of abuse of alcohol; (e) the defendant is in the degree of abuse of alcohol; (e) it is highly likely that the mental diagnosis has harmful effects on the mental disorder; (e) it is presumed that the defendant was in weak state of the mental ability to distinguish things from time of the case; and (e) the present state is likely to repeat the crime without proper treatment; and (e) considering the economic ability and living conditions of the defendant and his/her family members, the defendant needs to undergo appropriate treatment or treatment after the crime.

Therefore, the judgment of the court below at issue on the medical treatment and custody of the defendant is justified, and the grounds for appeal by the defendant cannot be accepted.

B. The defendant case.

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