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(영문) 대구고등법원 2020.06.24 2020노131
특수폭행등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence (eight months of imprisonment and two years of suspended execution) sentenced by the court below to the defendant and the candidate for medical treatment and custody (hereinafter “defendant”) is too unreasonable.

B. Although the Defendant for a medical treatment and custody application can waive the risk of recidivism or symptoms through the treatment at outside medical institutions, other than medical treatment and custody facilities, the lower court’s order to the Defendant is unreasonable.

2. Determination

A. The Defendant appears to have committed the instant crime with the lack of the ability to discern things or make decisions due to the on-site illness, and it seems necessary to have committed the instant crime at the medical treatment and custody facility in the future to ensure continuous medical treatment through taking drugs and observation of progress.

During the crime of this case, the victims do not want to be punished by the defendant by agreement with the victim D, G, andO of the crime of this case.

However, the crime of this case was committed by assaulting the victim D and G in the victim's pocketet, which is a dangerous object to receive a claim in relation to the card price used by the defendant, without any particular reason, by assaulting the victim J and L without any particular reason, and committing an injury in excess of the defendant'sO on the ground that the victim J and L are to be cruel, and the crime is not good in light of the object, method, and content of the crime.

Although the Defendant had been punished several times for violent crimes, the Defendant repeatedly committed each of the instant violent crimes four times between November 2018 and June 2019.

The defendant was unable to receive a letter from the victim J or L.

In addition, it is reasonable to respect the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the various conditions of sentencing as shown in the arguments, such as circumstances after the crime, in addition to the first instance court, where there is no change in the conditions of sentencing, and the first instance court's sentencing does not deviate from the reasonable scope of discretion.

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