beta
(영문) 부산고등법원 2015.06.18 2015노233

살인등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person subject to a request to attach an order (hereinafter referred to as the "defendants") found that the defendant and the defendant were not guilty of all the facts charged against the defendant at the time of committing the crime, even though according to the mental emotions submitted by the court below, he/she did not have the ability to distinguish the decision-making capacity and the things at the time of committing the crime. 2) One (No. 1) (No. 1) (No. knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k knife k knife k k.

B. Since the sentence imposed by the prosecutor is too unfasible and unfair, the defendant must be sentenced to death penalty.

2. Determination

A. As to the assertion of defectiveness, the Defendant asserted the defectiveness in the lower court.

In full view of various circumstances admitted by evidence, the lower court determined that the Defendant was in a state of mental disorder suffering from both polar disorder and symptoms with mental disorder at the time of committing the instant crime, such as damage, over-the-counter disorder, reduction of desire for water surface, expansion of oneself's sense, dynamic attack behavior, and emotional stability.

However, the court below, however, can affect the recognition function because the state of mental disorder has been significantly deteriorated due to comprehensive consideration of all the circumstances, including ① various interviews, academic background, attitudes, etc. conducted in the course of investigation into the defendant.