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(영문) 서울고등법원 2016.09.23 2016노638
존속살해등
Text

Defendant

In addition, all appeals filed by a person who requested an attachment order and a person who requests a medical treatment and custody and a prosecutor are dismissed.

Reasons

The gist of the grounds for appeal is as follows: (a) the Defendant and the person who requested the attachment order and the person who requested the attachment order (hereinafter “Defendant”) and the Defendant’s mistake and misapprehension of the legal doctrine on the part of the instant case; and (b) the Defendant, despite the absence of any specific impossible ability and decision-making ability to discern things due to non-quality mental disorder and acute alcohol addiction at the time of committing the instant crime, the lower court found the Defendant guilty of the instant facts charged by misapprehending the legal doctrine or misapprehending the legal doctrine.

The sentencing (15 years of imprisonment) of the lower court is too unreasonable.

Although the Defendant was in a state of mental disorder at the time of committing the instant crime, it is unreasonable for the lower court to order the Defendant to take medical care and custody in the absence of the risk of recidivism due to the improvement of the mental state.

The sentencing of the court below by the prosecutor is too uneasible and unfair.

Judgment

As to the Defendant’s mental and physical loss claim, the lower court has already acknowledged that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions due to a specific impossible mental disorder and acute alcohol addiction. The following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court. In other words, the Defendant made a statement to associate with the situation before and after the instant crime. At the time of the instant crime, the Defendant had 1 Triju at the time of the instant crime. Although the Defendant had 1 Triju at the time of the instant crime, she was under the influence of to a certain extent after 2 to 3 hours lower, the following circumstances and means of the instant crime, details of the crime, the Defendant’s act before and after the instant crime, the Defendant’s attitude in the investigative agency and the lower court, and the Defendant’s mental and physical appraisal result in the Defendant. In full view of the following factors, at the time of the instant crime, the Defendant’s mental disorder and alcohol addiction caused by an impossible mental disorder at the time of the instant crime.

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