beta
Text
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the Defendant case: (a) In light of the various sentencing conditions in the instant case, the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) (hereinafter “Defendant”), the sentence sentenced by the lower court (one hundred years of imprisonment and one seized knife confiscation) is too unreasonable; and (b) the Prosecutor A) in light of the motive, circumstance and means of the instant crime, and the circumstances before and after the instant crime, etc. acknowledged by the prosecutor’s evidence submitted by mistake of facts or misapprehension of legal principles, etc., the Defendant cannot be deemed to have a state of mental and physical disability at the time of the instant crime, but the lower court recognized the Defendant as a mental and physical disability by mistake of facts or misapprehension of legal principles as to the state of mental and physical disability
B. The Defendant’s crime of this case committed on the part of the attachment order case (public prosecutor) appears to be due to “an unstable personality disorder”, and there is a high possibility of recommitting murdering in the future due to such a qualitative cause.
Therefore, the judgment of the court below which rejected the defendant's request for an attachment order is erroneous in misconception of the risk of recidivism in the attachment order.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles by the first prosecutor, in light of the evidence duly examined and adopted by the court below, such as the result of fact inquiry about the director general of the regional military manpower office in Busan, the result of mental appraisal of the director general of the regional military manpower office, and the attitude and behavior in the investigation agency of the defendant and the records, the defendant had shown severe signs of personality disorder, such as depression, depression, e.g., e., e., e., depression, e., depression, and coercion from around 2011 to June 22, 2013, from the time immediately before each of the crimes of this case.