[강간ㆍ살인][공1984.9.15.(736),1469]
Whether a crime may be deemed to have been committed in a state of unsoundness in case where a person tried to destroy evidence of the crime after the crime and to manipulate Albaba (negative)
The defendant returned to the factory accommodation immediately after committing the crime, and told the brush and sacrine in the bath as soon as he did so, and if he asked the Park who worked together, as he returned to the house prior to the time of committing the crime, to make a statement as if he returned to the house before the time of the crime, and if he again asked the brutization that was newly laid on the ground at the time of committing the crime, and if he can have a trace of endeavoring to destroy evidence and to manipulate albane, it is difficult to view that the crime of the defendant committed the crime in the state of mental disorder.
Article 10 of the Criminal Act
Defendant
Defendant
Attorney Park Ho-ju
Seoul High Court Decision 84No582 delivered on May 3, 1984
The appeal is dismissed.
The twenty days of detention days prior to the rendering of judgment shall be included in the original sentence.
The defendant and public defender's grounds of appeal are also examined.
1. According to the evidence cited by the court of first instance that the court below maintained, all of the facts constituting rape and murder committed against the defendant can be legitimately recognized, and there is no serious mistake of fact in the fact-finding. In light of the records, the defendant's confession as to the rape crime in the judgment of the court of first instance is not a processed, but a true, since the defendant's confession without supporting evidence does not constitute an unlawful act of recognizing the crime of rape.
2. According to the record, the Defendant’s act at the scene of the crime of this case was hard to view that the Defendant committed the crime at the time of the crime of this case was committed under the condition of mental disorder such as theory of lawsuit, and even after examining the record, it was difficult to view that the Defendant’s act at the time of the crime of this case was committed under the condition of mental disorder such as theory, and it was difficult to view that the Defendant’s act at the time of the crime at the time of the crime of this case was committed under the circumstance of mental disorder such as theory, and there was no reason to suspect that the Defendant’s crime was committed as the act at the time of the crime at the time of the crime as the act of this case, and there was no error of incomplete deliberation in the judgment below as to this point.
3. In light of all the sentencing conditions indicated in the records, the court below's measures that maintained the sentence of the first instance court as they are are acceptable and it is not deemed that there is a significant reason to view it extremely unfair.
4. Therefore, all appeals are dismissed, without merit, and part of the number of detention days prior to the judgment is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice)