The case holding that it cannot be deemed that the mental and physical disability was asserted as the legal grounds for rejecting the formation of a crime or the fact that the reduction of or exemption from punishment is reasonable.

The argument that the defendant, at the time of this case, was the same as the male who returned from the male to the male at the time of this case, the mother was aware of the same her mother, and that he would escape without mind because she would want to have a punishment returned to the male during his work, is nothing more than the defendant's motive for committing this case, and it cannot be deemed that the defendant asserted mental and physical disability with the reason to avoid the formation of a crime by law or with the fact that the reduction of or exemption from punishment is justified.

Article 323(2) of the Criminal Procedure Act, Article 10(1) and Article 10(2) of the Criminal Act

Defendant

Seoul High Court Decision 71No493 decided July 15, 1971

The appeal is dismissed.

The number of days of detention in the principal sentence after an appeal, which has been included in the term of punishment in the judgment of the first instance, shall be 30 days of detention prior to the sentence of the judgment of the first instance included in the term of punishment, and the remaining days of detention prior to the sentence after the appeal included in the original judgment, shall

The grounds of appeal by the defendant are examined,

The reason for requesting an opportunity more than once in normal circumstances is that there is no legitimate ground for appeal in this case for which the period of four months and six months has been sentenced to imprisonment with prison labor. Therefore, the argument is groundless.

The grounds of appeal by the defense counsel are examined,

In full view of the records on the grounds of appeal by the defendant, the defendant's statement on the grounds of appeal as stated in the first argument by the court below is nothing more than the end of the motive for the crime, and it cannot be deemed that the defendant asserted mental and physical disability as the reason for rejecting the establishment of legal crimes or the fact that the reduction of or exemption from punishment is the reason for the reduction of or exemption from punishment. Therefore, the judgment of the same purport is just, and it is not reasonable to argue that the original judgment violates Article 32

Therefore, the appeal is dismissed without merit, and the total sum of the detention days before the pronouncement of the judgment is applied to Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu