(영문) 부산지방법원 2013.05.02 2012노4075 | 리걸엔진

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(영문) 부산지방법원 2013.05.02 2012노4075

영아살해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was unable to know the pregnancy at the time of the crime of this case, and as a result, the "nautical miles" in a mental nautical miles disorder, which is a kind of mental shock, was normally integrated, and the consciousness, subject nature, and behavior of the defendant were either satisfy, and the function of the defendant was partially lost or changed temporarily due to the occurrence of disorder in the function of integration at the time of fear of apprehension, it is a defensive device to escape from crisis or danger due to the malfunction or deliberation defect.

It is recognized that there was a lack of ability to discern things or make decisions by causing it.

Therefore, the judgment of the court below which neglected this point is erroneous in the misapprehension of law as to mental and physical disability and affected the conclusion of the judgment. In this regard, the judgment of the court below cannot be reversed.

3. Accordingly, without examining the Defendant’s assertion of unfair sentencing, the lower judgment is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act, and the following is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by this court is as follows: (a) except for the addition of “in a state where the ability to discern and make a decision on the intention is weak” between “in the event of childbirth” and “in the second sentence of the facts of the crime of the lower judgment,” it is identical to each corresponding part of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 251 of the Criminal Act applicable to the crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 of the Criminal Act:

참조조문

유사 판례

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