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(영문) 대전고등법원 2014.11.07 2014노391

존속살해등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for seven years.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. (i) The Defendant and the Applicant for Medical Treatment and Custody (hereinafter “Defendant”) were physically and mentally unable to discern things or make decisions due to the liveration at the time of committing the instant crime.

The defendant asserts that the state of mental or physical disability in the statement of reasons for appeal is not memory at all at the time due to the livering of the statement of reasons for appeal. Since the court below recognized mental or physical disability in the court below, the defendant's assertion of mental or physical disability is included in

Dob. The sentencing of the lower court (five years of imprisonment and medical treatment and custody) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. Determination on the grounds for appeal

A. (1) According to the record as to the part of the defendant's case, the defendant committed the crime of this case in a state that the defendant lacks the ability or decision-making ability to discern things due to mental disorder, such as the confusion of consciousness due to the occurrence of liverness at the time of the crime of this case, the damage network, exchange hearing, and the impairment of reality judgment ability, etc., and the court below reduced the legal punishment for mental disorder for the above reasons.

In light of the record, there is no other mental and physical reason, such as mental disorder, other than the mental and physical reason recognized by the court below.

(2) In the absence of any specific motive for murdering the Defendant with respect to the assertion of unfair sentencing, the circumstances favorable to the Defendant include: (a) the Defendant committed the instant crime in a state of mental disorder caused by mental division, such as liveration, and (b) the Defendant’s sibling, who is the victim’s bereaved family member, appears to require continuous mental and medical treatment in the future; and (c) the Defendant’s sibling, who is the victim’s bereaved family member, does not want

However, the crime of this case is committed.