[존속상해·폭력행위등처벌에관한법률위반피고사건][고집1972형,47]
A case where it is deemed that a person has no ability to discern things due to mental disorder;
If the defendant committed a crime without any misunderstanding of the marry of an object through the creation of a damage network type mental fission, which had been committed by the defendant in this case, the defendant cannot be punished.
Article 10 of the Criminal Act
70Do1358, Jul. 28, 1970 (Kaod 9082, Supreme Court Decision No. 18B-75, Supreme Court Decision No. 10(14)126, Supreme Court Decision No. 1226, Jul. 28, 1970
Defendant
Defendant
Cheongju District Court of the first instance (72 Gohap6)
The judgment of the court below is reversed.
The defendant is innocent.
The main point of the grounds for appeal by the defendant himself and the defendant's defense counsel is that the judgment of the court below is too unreasonable because the amount of the sentence imposed on the defendant is too unreasonable.
However, ex officio review of the crime of this case by the defendant, as seen later, committed by the defendant due to the creation of the damage network mental fission, and thus, the defendant cannot be held liable for the defendant, despite the fact that the judgment of the court below is guilty, and thereby has committed an unlawful act affecting the conclusion of the judgment.
Therefore, the judgment of the court below is reversed because it is unnecessary to judge the grounds for appeal by the defendant and his defense counsel.
The summary of the facts charged by the prosecutor is that the defendant lacks the ability to discern things due to mental disorder and without any particular reason.
1. Around 19:30 on January 4, 1972, the head, hand, etc. of the victim non-indicted 1, who is the mother of the defendant living in Geumcheon-dong, Geumcheon-dong, Geumcheon-gu (hereinafter the same shall apply) was entered in the house of the victim non-indicted 1, who was the mother of the defendant living in the room, and the head, hand, etc. of the person who was living in the room one week each and the person requires a medical treatment for about one week.
2. At around 19:40, when the victim non-indicted 2, who was in the same room at the top of the joint wells located adjacent to the said Geumcheon-dong, takes the face and hand of the victim non-indicted 2, who was in the same room five times in the number of the above 19:40, and takes about 10 days of medical treatment to that person;
3. At around 19:46, at the same time, the victim Nonindicted 4’s head at the end of Nonindicted 3’s house in the same 84:46, the victim Nonindicted 4 was placed at the end of the same 84:1 week, and the victim was placed in a two government heat that requires medical treatment for about one week to that person;
4. At around 19:50, at around the same time, the head of Non-Indicted 5 of Non-Indicted 5 of the same 84 victim non-Indicted 5 was kept in the room, and the head of Non-Indicted 5 was taken in the above 84 victim's house at approximately 3 to 4, a two government heat that requires medical treatment for about 10 days to that person.
5. From 20:00 to enter the house of Non-Indicted 6 of the victim non-Indicted 84 of the same Act, and damage the said house of the 84 victim non-Indicted 6 of the same Act by leaving the house of the 3,000 won at the market price above the 3,000 won and damaging its utility;
6. At around the same 20:10, the defendant entered the house of non-indicted 7 of the same 16 victim non-indicted 7 of the same 16 and added two parts and distribution of the 16 victim non-indicted 7 of the same 16 to the above 4 to 5-day off and require the Dong to receive medical treatment for about four days.
7. At around 20:20 the above 26 victim non-indicted 8 of the same 26 victim's 26 victim's house, the two government unit that requires the two weeks' medical treatment for about two weeks in consideration of the two parts and the inside part of the person's house in front of the same non-indicted 8 victim's house.
8. At around 21:00, the above 84 victim non-indicted 3 of the same 84 victim's house was already recovered from the inside and two parts of the 84 victim non-indicted 3's house and used two government units in need of medical treatment for about three weeks.
Therefore, the fact that the defendant, as stated in the facts charged, enters the upper part and damages the property will be recognized as a single recording.
그러나 의사 공소외 9가 작성한 감정서의 기재에, 피해자들의 진술에 의하여 인정되는 바의 피고인이 이사건 범행당시 그 많은 피해자들과 아무런 원한관계나 분쟁같은 사실이 전혀 없었던 점(계모인 공소외 1과 평소에 좋지 못한 감정이 쌓였을지는 모르지만 이 사건 범행당시 범행을 도발할만한 아무런 감정의 알륵이나 분쟁같은 것도 없었다) 피고인이 경찰, 검찰 및 당심에서 이 사건 범행의 내용 및 그 동기에 대하여 알아들을 수 있는 설명을 못하고 횡설수설하는 점과 피고인의 이 사건 범행 수단 방법 등을 보태어 보면, 피고인의 이 사건 범행은 피고인이 평소에 가지고 있던 피해망상형 정신분열증의 발작으로 사물에 대한 시비선악의 분별없이 저지른 사실을 인정할 수가 있고 피고인이 원심법원에서 자기의 범행을 모두 순순히 시인하고 있는 진술은 앞에 본 증거에 비추어 볼 때에 피고인이 정신상태의 평정을 되찾은 뒤에 주위로부터 전해들은 자기의 범행을 진술한 것으로 밖에는 볼 수 없으므로 이 점만으로 위 인정을 뒤집을 수는 없고, 달리 위 인정을 뒤집고 피고인이 이사건 범행당시 사물을 변별하여 행동할 능력을 가지고 있었던 점을 인정할 자료가 없다.
Thus, it shall not be punishable for the defendant to commit the crime of this case, so the defendant shall not be acquitted in accordance with Article 352 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.
Judges Man-Operation (Presiding Judge)