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(영문) 대구고등법원 2020.04.08 2019노560
특수존속상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment) against the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is too uneasible and unfair.

2. Determination

A. The crime of this case in the part of the defendant's case refers to "the killed person" to the victim C, who is a knife and knife, the defendant listened to the exchange office, and tried to cover a flife a flife, flife the victim's flife, and flife the victim's flife, knife the victim's flife, knife the victim's flife, and knife the victim'

However, all of the defendants recognize crimes, reflects errors, and have no criminal records exceeding fines.

The defendant seems to have reached the crime of this case by contingency in the state that he has the ability to discern things or make decisions due to his on-site illness, and there is room to improve the character and behavior through medical treatment and custody.

The victim C, who is the defendant, expressed his intention not to be punished for the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as all the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, and where there is no change in the sentencing conditions compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect them. It does not seem that the sentence imposed by the lower court is too un

Therefore, prosecutor's assertion is without merit.

B. According to Article 14(2) of the Medical Treatment and Custody Act, where a prosecutor files an appeal against a prosecuted case, the prosecutor shall be deemed to have filed an appeal regarding the medical treatment and custody claim, but the prosecutor shall apply for medical treatment and custody.

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