(영문) 서울고등법원 2017.03.31 2017노264 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.03.31 2017노264

존속살해등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for fifteen years.

2.1 excessive seizures.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case by Defendant 1 of this case and Defendant 2 of this case’s medical care and custody applicant and person requesting an attachment order (hereinafter “Defendant”) may not be deemed to have lost the mental and physical condition due to assistance, etc. at the time of committing the crime of this case, the lower court’s judgment convicting Defendant 1 of this case’s charges by recognizing

2) The punishment sentenced by the lower court (25 years of imprisonment) is too unreasonable.

B. Although the Defendant had a mental disorder at the time of committing the instant crime, it is unreasonable for the lower court to order the Defendant to treat, take care of, and attach an attachment order, there is no risk of re-offending due to his mental disorder.

2. Determination

A. As to the Defendant’s assertion of mental and physical loss, the lower court already acknowledged that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions due to the Chon's injury.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant’s statement by memorying the situation before and after the instant crime and the process of the crime, and other factors such as the background and means of the instant crime, the content of the crime, the Defendant’s act before and after the instant crime, the Defendant’s attitude at investigation agencies and the lower court and the lower court court court court, and the result of the mental appraisal of the Defendant, etc., the Defendant was in a state of mental and physical loss without ability, beyond the state where the Defendant was unable to discern things or make decisions due to

does not appear.

The above assertion by the defendant is without merit.

2) With respect to an unfair argument on sentencing, the Defendant is knife the victim, who is his father, while taking a bath to his family solely on the ground that his mother is not subject to telephone.

유사 판례

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