(영문) 서울고법 1989. 3. 21. 선고 89노384 제2형사부판결 : 상고기각[살인][하집1989(1),401]
The case holding that the mental fission was in a state where the ability to distinguish things or to make a decision was lost at the time of crime.
In light of the fact that the defendant was abnormal in his daily life during several years before the crime, and the result of the death of this case was an accident in the friendship, and the chest of the victim was knife with a knife that he had a knife, and the defendant was snife after the crime, and he was snife after the escape of the crime, and was flife sof that he was unable to memory the fact of his crime, and that there was a state of net mental division at the time of the crime, it is reasonable to deem that the defendant had a state of loss of ability to identify things or make decisions due to mental division at the time of the crime.
Articles 10 and 250 of the Criminal Act
Defendant
Defendant and Prosecutor
Seoul District Court (88 High Court Decision 690)
The judgment of the court below is reversed.
The defendant is innocent.
The gist of the grounds for appeal by the defendant's defense counsel is that although the defendant lost the ability to discern things or make decisions due to mental division at the time of the crime of this case, the court below recognized that the above ability of the defendant was weak and punished. The judgment of the court below is erroneous in the misapprehension of legal principles as to the act of mental disorder, which affected the conclusion of the judgment. The summary of the grounds for appeal by the prosecutor is that the judgment of the court below is too unreasonable.
In full view of the evidence duly examined and adopted by the court below and the statements by Non-Indicted 1 at the trial court of the political party, etc., the defendant appeared to have sexual superior rights as he was born to 2 South and North Korean women and grow up to the middle school facilities. However, after entering high school, the defendant was unable to give treatment in mind because he did not know about ices during class, franchising, or franchising about body," or attempted suicide. Considering that he was unable to give rise to 3 years in high school or school life, the defendant appeared to have been unable to have sexually and aggressive behavior at the time of this case, and was unable to find that he did not have sexual intercourse with the victim without any special reason, and the defendant was unable to have sexually and aggressively confirmed that he did not have sexual intercourse with the victim's emotional distress.
Therefore, since the judgment of the court below is erroneous in the misunderstanding of facts about mental disorder or in the misunderstanding of legal principles, which affected the conclusion of the judgment, the party members who need not determine the grounds for appeal by the prosecutor pursuant to Article 384(6) of the Criminal Procedure Act are reversed, and
The facts charged against the defendant are as follows: (a) since the defendant is recognized as a student attending a high school (title omitted) and has a method of extreme accident that leads to the death of all the persons who gather him/her while growing up in a fright family environment due to his/her appearance, etc., (b) the defendant tried to kill him/her at the victim non-indicted 2 at (title omitted) the first half of May 16, 198 at the high school and the first half of May 16, 198, on the ground that he/she mixed his/her friend with the defendant, and the defendant was not guilty of his/her frightthy and second half of the facts charged, the court below decided to murder him/her without being able to do so at the right time of the victim's frightthy and second half of the Seoul High School at around 0:00 on May 17, 1988.
It is so decided as per Disposition for the above reasons.
Judges Yu Tae-tae (Presiding Judge)