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(영문) 대법원 1991. 5. 28. 선고 91도636 판결

[폭력행위등처벌에관한법률위반][공1991.7.15.(900),1830]

Main Issues

The case holding that the defendant was in a habitual condition at the time of committing the crime because he was guilty of the bodily injury because he was in a state of mental disorder because he was physically unable to commit the crime by taking the head of the criminal defendant's living site on which no relation exists due to the severe chronic dyssis.

Summary of Judgment

The case holding that the defendant was in a habitual condition at the time of committing the crime because he was guilty of the bodily injury because he was in a state of mental disorder because he was physically unable to commit the crime by taking the head of the criminal defendant's living site on which no relation exists due to the severe chronic dyssis.

[Reference Provisions]

Articles 10(1) and 257 of the Criminal Act

Reference Cases

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Doz., Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Defense Counsel

Attorney Jeon Soo-soo

Judgment of the lower court

Seoul Criminal Court Decision 90No2268 delivered on August 28, 1990

Text

The appeal is dismissed.

Reasons

We examine the prosecutor's grounds of appeal.

According to the reasoning of the judgment of the court below, the court below found the defendant not guilty of the defendant's injury to the victim of the crime of this case without considering the following facts as follows: (a) due to each hospitalization certificate prepared by the Seoul Special Metropolitan City Mental Hospital (Seoul Special Metropolitan City Mental Hospital), each hospitalization certificate prepared by the director of the Reinforcement Mental Care Center, the medical certificate prepared by the doctor of the strengthened Mental Care Center, the medical certificate prepared by the doctor of the strengthened Hospital, and the written statement prepared by the Kim Jin-jin, etc. of the prosecutor's Kim Jin-jin, the defendant has already been suffering from chronic dysium diseases since 10 years ago; (b) the defendant had been admitted to treatment facilities such as various mental hospitals and mental care centers for a long period of time, and the defendant's intelligence is normal and external with normal intellectual judgment ability; and (c) the process of the crime of this case seems to be hard to expect normal judgment or decision-making due to an unrealistic accident, and the defendant was not guilty of the victim of this case's chronic dys injury without any relationship with the victim.

Examining the evidence stated by the judgment below in comparison with the records, the court below's decision of innocence is just and there is no error in the misapprehension of the rules of evidence, such as the theory of lawsuit, or in finding the defendant in a state of mental or physical disorder solely with the statement of the appraisal document, which clearly shows that the defendant was in a state of mental or physical disorder. Thus,

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-sung (Presiding Justice)