[반공법위반피고사건][고집1972형,117]
The case holding that the act of the mentally defective person is an act
When the defendant had been under the state of depression at the time of committing the crime, and the crime was caused by the rapid depression in the state of depression, it is recognized as an act committed by a person who has no ability to discern things or has no ability to make a decision.
Article 10 of the Criminal Act
Defendant
Prosecutor and Defendant
Busan District Court (72 Gohap334)
The judgment of the court below is reversed.
The defendant is innocent.
The prosecutor's appeal is dismissed.
The reason for appeal by the prosecutor is unreasonable and the reason for appeal by the defendant is that the defendant is in a state of mental division. Thus, the crime of this case is first asserted as the act of a mentally handicapped person. Thus, according to the health care unit of the defendant, the defendant's statement at the trial of the court below and the court below, the statement at the court below's witness 1, 2, 3, and 4, the statement at the court below's expert witness at the trial below and the statement at the court below's trial of the defendant against the defendant by the non-indicted 5, the defendant is still in the progress of the depression state at the time of the crime of this case or at the present, and the crime of this case is an act caused by acute mental disorder as a result of the mental disorder at the time of this case's mental disorder, and is recognized as an act
Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided again by a party member, since the court below recognized the defendant as the act of a person with mental disability under Article 10(2) of the Criminal Act as the act of a person with
The summary of the facts charged by the prosecutor against the defendant is as follows: on April 5, 1939, the defendant was born to the deceased non-indicted 6's south from 107-2, the Haak-dong, the Haak-dong, the Haak-dong, the Haak-dong, the Haak-dong, and graduated from the High National School at the seat of his domicile on March 1952, 1952; on June 1955, the defendant tried to look into the book "whether or not it is a material for remedy of the present Joseon," while attending the Geumnam-dong, the Haak-dong, the Haak-dong, the Haak-dong, the Haak-dong, who was sentenced to imprisonment for one year and suspension of qualification for violation of the public law due to the praise of North Korea activities at the party member on March 22, 1968; and on the completion of the execution of the sentence, the defendant was sentenced to imprisonment without prison labor in the state of division of Busan.
1. On October 25, 1971, around 05:30 on October 25, 1971, Nonindicted 1, 7, etc., who were in the same place after the establishment of “the age of Ginsung receipt and movement” in the above prison No. 4A, and in the same manner, were in large interest in weather hours, and inciting and encouraging North Korea, which is an anti-government organization, thereby benefitting anti-government organizations.
2. On the same day, at the above 07:30 minutes of the day, there is a person who is the above non-indicted in the above non-indicted in this place, the nation of South Korea is supported by the non-indicted in South Korea, but the patriotic Republic of South Korea is a so-called Kim Il-young's singing and the so-called country of the above North Korea leader's singing and the so-called "proving that it can be kept up in a clean and live place at each place where it goes," and all of the workers in South Korea will be hard for them to see that it is hard for them to see that they will live in a new anti-government organization, not with their own ability and quality, with their family members to see that it is hard for them to see that it is hard for them to see that it is an anti-government organization of South Korea, such as North Korea's spawn, with their own will to live in a new wall, and that it is hard for them to see that it will grow up with the society of North Korea."
3. On November 1, 1971, at the first instance room of the above prison No. 3, in order to benefit North Korea, an anti-government organization was produced with the expression "the flag of the citizen", "the flag of the citizen", when it becomes the so-called red unification that it means the unification of inter-Korean harmony by changing the flag of North Korea into the clothes (Evidence No. 2) in possession of the defendant, thereby making a flaging the flag of North Korea into the red background.
According to the records, the facts of the above facts charged can be acknowledged, but the defendant's act is the act of the defective person, so the defendant's act is not guilty by the former part of Article 325 of the Criminal Procedure Act. Therefore, the prosecutor's appeal is without merit, and the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.
It is so decided as per Disposition with the above reasons.
Judges Sho-ho (Presiding Judge) Nowho-ho