[살인ㆍ강간미수][공1984.5.15.(728),755]
Cases of incomplete hearing as to whether a person has a mental disorder;
In light of the fact that the defendant was suffering from the child suffering from mental disorder and tried to rape the victim who has sexually friendly relationship with him by showing mental disorder after being detained, the fact that the defendant was tried to commit the crime, and the method of murder was cruel, and after the crime, the defendant was concealed in the ground where the victim was used for the crime, but the defendant was arrested at the time of committing the crime where the victim was detained, it is doubtful that the defendant was suffering from mental disorder at the time of the above crime, but the failure to examine the defendant's application for mental disorder and mental diagnosis is erroneous in incomplete deliberation and insufficient reasoning.
Articles 169, 308, and Article 10 of the Criminal Procedure Act
Defendant
Defendant
Attorney Song-young
Seoul High Court Decision 83No2674 delivered on December 13, 1983
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. At the court of first and second instances, the defendant suffering from the marine of a baby at the time of birth, and harming other people by leaving the marine, leaving the marine, and leaving the defendant with many times within 10 days, and the non-indicted witness at the court of first instance (the defendant's death relationship) suffered from the marine of a baby at the time of birth and left the house with several spirits after the marine and left the house, and there is a little son to leave the house at the time of the crime, and the defendant has no reason to believe that it is necessary for the defendant to kill the marine at the time of the crime without having to arrest the marine at the time of the crime. However, according to the records, the victim's mental disorder at the time of this case's death and the defendant's mental disorder cannot be found to have been found to have been found to be necessary for the defendant's mental disorder, which is one of the first and subsequent reasons to kill the victim's mental disorder at the time of this case.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench to reverse and remand the judgment.
Justices Jeon Soo-hee (Presiding Justice)