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(영문) 광주고등법원 (전주) 2015.02.03 2014노282
폭력행위등처벌에관한법률위반(우범자)등
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 part of the defendant's case (e.g., imprisonment with prison labor for six months) is too unreasonable.

B. The lower court’s decision is unreasonable to place the applicant for a medical treatment and custody in the medical treatment and custody facility on the ground that the applicant for a medical treatment and custody application part (hereinafter “applicant for a medical treatment and custody”) does not need to receive medical treatment at the medical treatment and custody facility and the risk of

2. Determination:

A. The part of the defendant's case committed each of the crimes in this case against the defendant's recognition of each of the crimes in this case, the defendant committed each of the crimes in this case in a state of mental disorder caused by mental fission, and the victim does not want the punishment of the defendant constitutes a favorable circumstance for the defendant.

However, the defendant committed each of the crimes of this case without being aware of the fact that he was sentenced to three years of probation on April 12, 2013 for the crime of fire prevention against the present state building (the date of the same month) and the defendant did not seem to have a strong attitude of resistance against each of the crimes of this case. Considering the defendant's age, character, character, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, various sentencing conditions shown in the arguments of this case, such as the circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable compared to the degree of the defendant's responsibility. Thus, the defendant's assertion is without merit.

B. Part of the medical treatment and custody claim

A. First, when examining the necessity of treatment, the requester for relief receives a prolonged period of mental therapy even before committing the instant crime, in addition to the notice of the result of the mental appraisal of the Medical Treatment and Custody Director’s claim that mental health treatment, social adaptation, and prevention of recidivism will be necessary in the future as a mentally divided patient.

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