[폭력행위등처벌에관한법률위반·보호감호][공1983.8.15.(710),1165]
Criteria for determining whether a person has a mental disorder
The issue of mental disorder shall be judged by comprehensively considering all the materials recorded in the record and the statement and attitude of the defendant in the court, and it is not necessarily necessary to evaluate the existence of mental illness by a professional doctor.
Article 10 of the Criminal Act
Defendant and Appellant for Custody
Defendant and Appellant for Custody
Attorney Park Woo-won
Seoul High Court Decision 83No339,83No71 Decided March 31, 1983
The appeal is dismissed.
The number of days pending trial after appeal shall be included in the imprisonment for twenty-five days.
The grounds of appeal by the defendant and his defense counsel (hereinafter referred to as the "defendant") are also examined.
In light of the records, the court below's decision that did not recognize the defendant's mental and physical disorder seems to be legitimate, and the issue of mental and physical disorder shall be judged by considering all the materials and the defendant's statement and attitude in the court, and it shall not be necessarily based on the expert doctor's appraisal of the existence of mental disorder. Therefore, the issue is groundless.
Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges by applying Article 57 of the Criminal Act and Article 24 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings to the inclusion of detention days after the appeal.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young