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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) suffered mental and physical weakness due to mental disorder, such as depression disorder, etc.
2) In light of the various sentencing conditions in the instant case, the sentence (18 years of imprisonment) imposed by the lower court is too unreasonable.
B. Prosecutor 1) In light of the various sentencing conditions in the part of the Defendant case, the lower court’s above sentence is too uneasible and unreasonable.
2) The 15-year period of attachment of an electronic tracking device ordered by the lower court in the part of the attachment order case is too short and unfair.
2. Determination
A. Part 1 of the case of the defendant 1) The defendant in the judgment of the court below also asserted mental disorder, and the court below rejected the defendant's argument in addition to the detailed reasons as stated in its decision. The summary of the decision of the court below in this part is as follows.
- The summary of the decision of the court below in this part - In light of the following circumstances known by the records, the defendant had symptoms of a protruding disorder;
Even if it was not sufficient that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime.
shall not be deemed to exist.
① On October 1, 2010, the Defendant, who was diagnosed as a yellow disability on Oct. 1, 201, took drugs and received outpatient treatment, and was married with the victim with occupation, such as tree trees, daily occupation, piping hole, etc., and had a relatively general life prior to the crime of this case. Unlike others, the Defendant had a weak ability to discern things or make decisions due to a yellow disorder.
There is no doubt that there is no action to see.
② The Defendant, who is his wife, has resolved to kill the victim on the premise that the victim had neglected himself/herself, and applied the victim's face to be covered by beer, and applied the victim's face to be stimulated.