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(영문) 서울고등법원 2018.12.12 2018노2511

인질강요미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a mental and physical weak condition due to symptoms, such as cerebral typhism, spathy illness, spathy, and spathy.

B. The sentence sentenced by the lower court (4 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. 1) The lower court determined that the Defendant had weak ability to discern things or make decisions, taking into account the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, based on the following facts: (a) the Defendant was deemed to have failed to have the ability to discern things at the time of committing the instant crime, and was registered as the fourth degree of disability upon being discharged from active service due to the appeal of brain symptoms during military service; (b) the department of mental health in B; and (c) the department of mental medicine in B; and (d) he had received medical care regularly

The court determined that it could not be seen.

(1) The Defendant has been engaged in social and workplace life as well as monitoring of welfare facilities for persons with disabilities in the position of a contract with Qgu office.

② The cerebral cerebral typhism is the cerebral typhism that occurs intermittently, and, barring any special circumstance, it does not seem to have been known as a mental illness that causes disorder in separation or decision-making.

B. In light of the progress of the instant crime as indicated in the record, the instant crime cannot be deemed to have been affected by brain death, given that a patient would lose awareness or have difficulties in controlling his/her body, if the cerebral cerebral typhism was caused by the cerebral typhism.

③ The Defendant sent G message to the head of Q2 immediately before the instant case, and the said message has a logical outcome form to a certain extent.

In addition, the Defendant, at home, went to J elementary school and went to school, was false to the school security officer to “be issued a certificate of graduation and found in the school administration office.”