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(영문) 대법원 2018.11.29 2018도14767
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The court of final appeal may investigate and determine only to the extent of the grounds for appeal based on the grounds for appeal. As such, the grounds for appeal should clearly state the grounds for appeal in detail on the grounds of violation of Acts and subordinate statutes in the judgment below.

Therefore, the grounds of appeal cannot be deemed to have been submitted with legitimate grounds of appeal unless the specific and explicit grounds of appeal are indicated in the grounds of appeal (see Supreme Court Decision 2001Do6750, Feb. 26, 2002). According to the records, the Defendant and the Defendant-Appellant for the Medical Care and Custody (hereinafter “Defendant”) stated in the petition of appeal only to the effect that “the Defendant appealed against the judgment of the first instance, but dismissed, and filed an appeal.” The grounds of appeal only stated “the Defendant did not have committed a crime that the lower court found guilty,” and did not state the specific grounds of appeal, and thus, the legitimate grounds of appeal were submitted.

shall not be deemed to exist.

2. Examining the reasoning of the lower judgment in light of the record, the lower court’s need for medical treatment and risk of re-offending against the Defendant for reasons indicated in its holding

It is reasonable to maintain the judgment of the first instance court ordering the treatment and custody as it is, and there is no error as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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