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(영문) 서울고등법원 2017.07.05 2017노1023
존속살해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was found to have failed to recognize the Defendant’s mental and physical weak condition, even though the Defendant was found to have committed a crime with mental disorder, such as a stimulative disorder, shock disorder, etc., with weak mental or physical weakness or with weak mental capacity to discern things or make decisions.

2) The sentence sentenced by the lower court to the Defendant (a maximum of five years of imprisonment, a short of four years, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion on mental and physical weakness, the Defendant was hospitalized in the hospital due to mental illness, such as a bipolartic disorder, decentralization disorder, and magnetic disorder, while attending elementary school.

However, in the process of mental appraisal commission conducted by the court below, the mental opinion was presented to the effect that “A defendant is in a state of mental disorder, but this is not a mental disorder, which is not a mental disorder, but a disability to create an individual’s behavior tendency and character, and is considered to have been similar to the present mental and physical condition at the time of committing the crime (on the face of 59-61 of the trial record, a notice of the result of mental appraisal in the preparation of a medical care and custody center)” and other circumstances such as the process, method and content of the crime that can be recognized by the evidence duly adopted and investigated by the court below, and the circumstance after committing the crime do not seem to have been in a state of lacking the ability to discern things or make decisions due to mental disorder at the time of committing the crime.

Therefore, the decision of the court below that did not recognize the defendant's mental and physical weakness is just and acceptable, and there is a violation of law as argued by the defendant in the judgment below.

subsection (b) of this section.

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