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(영문) 서울고등법원 2015.12.24 2015노2828

존속살해등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant")

(B) At the time of the instant case, the Defendant did not have killed the victim, and there was no fact that the Defendant intentionally did not murdered the victim, on the ground that the Defendant did not have been sentenced to imprisonment with prison labor of the lower court (20 years) on the ground that the Defendant did not go beyond the scope of imprisonment with prison labor on the ground that the Defendant did not have been sentenced to imprisonment with prison labor of the lower court (20 years) so far as it was too unreasonable.

[Defendant stated in the statement of grounds of appeal that the crime of this case was committed in the state of mental disorder, such as that the victim was not sealed or frightened, a livered several times, and that he was frighted with prescription in the psychosis, etc., but the Defendant stated that “not an assertion of mental disorder” was “not an assertion of mental disorder,” and withdrawn it on the first trial day of the trial, and even after ex officio examination, it does not seem that at the time of the crime of this case, the Defendant was in the state of mental disorder at the time of the crime of this case.”

B. The lower court ordering the attachment of an electronic tracking device, etc., even though the Defendant did not have committed murder and did not re-be deemed to pose a risk of preventing murder, on the part of the case where the attachment order was applied.

2. Determination on the part of the defendant's case

A. The Defendant also argued the same contents in the lower court’s determination on the assertion of mistake, but the lower court rejected the determination on the assertion of the Defendant and the defense counsel in detail (Articles 4 through 7 of the lower judgment). In light of the evidence duly admitted and examined by the lower court.