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(영문) 서울고등법원 2018.10.25 2018노1737
살인등
Text

Defendant

In addition, all appeals filed by the medical care and custody requester are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the instant case was in the state of lacking mental and physical loss, and the Defendant and the victim of the medical care and custody (hereinafter “Defendant”) were in the state of lacking the ability or decision-making ability to discern things due to the tide at the time of committing the instant crime.

Nevertheless, the court below erred by misapprehending the legal principles as to the defendant's mental and physical condition or by misapprehending the legal principles as to mental and physical loss, thereby having a mental and physical weak condition.

The decision was determined.

2) The lower court’s sentence (7 years of imprisonment, confiscation) against an unjust defendant is too unreasonable.

B. The Defendant has received self-treatment prior to committing the instant crime, and his father has been able to concentrate on the Defendant’s treatment. As such, there is no need for the Defendant to receive treatment at the treatment and custody facilities and there is no possibility of re-offending.

2. Determination

A. According to the records of the instant case’s determination on the part of the Defendant’s instant case’s mental and physical loss, it is recognized that the Defendant had a weak ability to discern things or make decisions due to the tide at the time of the instant crime.

However, the defendant saw the fire extinguisher in a ward as an inner room and used it as a place for committing the crime of this case, and after the fire extinguisher gets off the victim's head, he again installed a fire extinguisher on the right side of the new launching of the ward.

In the evidence record No. 25 on-site photographs, evidence identification records No. 27-7 on-site identification records, and evidence interrogation records against the defendant in the police interrogation record No. 51 on-site identification records, the defendant was aware that his father and 112 on phone called the victim's head and her head.

The defendant's statement protocol against G of 32, 33 of the evidence records, and the police interrogation protocol against the defendant of 50 pages of the evidence records of this case.

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