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(영문) 서울고등법원 2017.05.26 2017노116

존속살해등

Text

Defendant

In addition, all appeals filed by a person who requested an attachment order, a person who requests a medical treatment and custody and a prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for an attachment order, and the requester for a medical care and custody order (hereinafter “Defendant”) lost his/her mental and physical mind and body at the time of committing the crime.

2) The punishment sentenced by the lower court (six years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Determination 1 on the part of the case against the defendant's mental or physical loss does not necessarily require a determination on the mental or physical loss of the defendant under Articles 10 (1) and 10 (2) of the Criminal Act by legal judgment, and it does not necessarily necessarily require the opinion of a professional appraiser. In light of the aforementioned legal principles, the court may independently determine the defendant's mental or physical loss by taking into account the type and degree of the defendant's motive and cause, the background and means of the crime, the manner and manner of the crime, the behavior of the defendant before and after the crime, the destruction of evidence, the degree of memory of the crime and the situation before and after the crime, reflectness, the manner and attitude of defense and defense in the criminal investigation and court, the nature of the defendant before the mental disorder occurred, and the degree of the crime (see, e.g., Supreme Court Decision 94Do581, May 13, 199). In light of the legal principles as seen above, the court below and the court duly adopted the following circumstances acknowledged by evidence, etc.

does not appear.

Therefore, the defendant's above assertion is without merit.

(1) In the investigation conducted by the prosecution, the Defendant reported the axis, but died of the victim by having knife or having knife with knife with knife.

“The instructions were received”.

In addition, "the knife" and "the knife knife is the death of the victim."

“The statement was made to the effect that it was “(380-381)” (Evidence Records) and the statement to the effect that it was similar to the reflective text submitted to the lower court (208-609 pages of the trial record). In addition, the aforementioned statement was made.