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(영문) 서울고등법원 2018.11.30 2018노2167
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the period of five years from the date this judgment becomes final and conclusive.

Reasons

The Defendant was physically and mentally disqualified at the time of committing the instant crime, due to dementia, drinking, etc.

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

The sentence imposed by the prosecutor (unfair sentencing) by the court below is too uncomfortable.

Judgment

According to the records of this case's determination on the defendant's mental and physical loss, the defendant was unable to specifically memory the situation at the time of the crime of this case, the defendant shown his early symptoms from around January 2016, and thereafter the above symptoms continuously deteriorated. On January 21, 2018, the defendant made a false report on the fact that he died to the police on January 21, 2018, before he committed the crime of this case. On the 23th of the same month, he sent a vehicle parked without any specific reason, walking the parked vehicle, walking the surrounding fire, resulting in the damage of property. The defendant was aware that he did not drink immediately before committing the crime of this case, and as a result, the mental appraisal of the defendant by the court of the court of the court of the court of the original instance, "the crime of this case is presumed to have been caused by the decrease in the defendant's identification function due to dementia, the degree of verification of the reality accompanied by it, decrease in the ability to verify, sense, impulse, and impulse.

shall be presumed.

“The facts presented, etc. are recognized.”

However, in view of the following circumstances acknowledged by the evidence duly adopted and examined by the court of the lower court, the means and method of the instant crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, it is difficult to view that the Defendant did not change things beyond the mental and physical weak condition at the time of the instant crime, nor did he/she have a mental and physical loss

This part of the defendant's assertion is without merit.

(1)

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