beta
(영문) 부산고등법원 2016.05.18 2016노175

존속살해등

Text

Defendant

In addition, both the medical care and custody applicant and the requester for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who filed a request for a medical care and custody order and a person who filed a request for an attachment order (hereinafter “Defendant”) claiming that the Defendant and the person who filed a request for a medical care and custody order and an attachment order did not have the intent to commit murder at the time of the instant crime.

2) The Defendant alleged mental and physical loss had no ability to discern things or make decisions due to mental fission at the time of committing the instant crime.

3) The sentence of the lower court’s sentencing (five years of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) The Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine is believed to be a food that the victim is the mother of his or her mother, and even according to the Defendant’s mental appraisal result, the Defendant was aware that the Defendant was not physically or mentally deprived at the time of committing the instant crime, and that the Defendant was aware that he or she was the mother of the victim.

As such, there was a criminal intent to murder a lineal ascendant at the time of committing the instant crime.

It is reasonable to view it.

2) It is unreasonable that the lower court dismissed the Defendant’s request for the attachment order of this case even if the Defendant’s rejection of the request for attachment order was found to pose a risk of

3) The sentence of the lower court’s rulings that are unfair in sentencing is too unhued and unreasonable.

2. Determination

가. 피고 사건 부분에 대하여 1) 피고인의 사실 오인 주장에 대하여 피고인은 당 심에 이르러 자신은 이 사건 범행 당시 살인의 범의가 아니라 살충( 殺蟲) 의 의사를 가졌던 것 뿐이라는 취지로 주장한다.

However, the Defendant consistently committed, from the investigative agency to the court of the court below, murdered a knife female with a knife who seeks to acquire his or her own property, not his or her mother.

As seen below, the Defendant’s statement was given in addition to the Defendant’s statement of his behavior after the instant crime, as seen in the determination of mental and physical loss.