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(영문) 대법원 2013.07.11 2013도5451

The appeal is dismissed.


The grounds of appeal are examined.

The judgment below

According to its reasoning, the lower court determined that the Defendant was in a state of mental disability at the time of committing the instant crime.

In light of various circumstances indicated in the record, such as the background of the instant crime, the act of the Defendant before and after the instant crime, the statement and attitude of the Defendant in the investigative agency, etc., the Defendant was in a state of lacking capacity to discern things or make decisions at the time of the instant crime, and does not seem to have existed in the state of

We cannot accept the allegation in the ground of appeal that the court below erred in the misapprehension of legal principles as to mental disorder.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.