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(영문) 서울고등법원 2015.01.23 2014노3012
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to severe depression.

B. The sentence of unfair sentencing (seven years of imprisonment) by the lower court is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the claim of mental retardation, it is determined that the Defendant was in a state where the ability to discern things or make decisions was weak due to depression at the time of the instant crime.

1) As a result of the mental appraisal against the Defendant, “the Defendant is diagnosed as a major depression (F32),” there was a result of an appraisal that “The Defendant’s mental condition is diagnosed as a major depression (F32),” that “The Defendant’s self-confiscing, loss of enjoying and enjoying, and that the Defendant’s ability to make a decision at the time of the instant crime is presumed to have been diminished by a patient with mental symptoms, such as an increase in the sense of interest and activity and a decrease in the sense of activity, and that the situation that the Defendant’s mental condition continues to have been at least two weeks.” 2) The doctor in charge of a mental appraisal against the Defendant showed that “the mental condition of the Defendant was friendly, non-confiscing, interest and enjoying, decline in self-confiscing, self-confiscing, self-confiscing attitude, thought about the death, etc., and that the mental condition and ability to make a decision at the time of the instant crime was presumed to have deteriorated.”

The Defendant, on the 428th page 3, committed the instant crime and attempted to commit suicide by hanging the trees to the nearest victim after committing the instant crime, and not only goes against his own timber, chest, knife, and knife with the glass view, and the Defendant, on the 120th page of the evidence record, is escorted to the ambulances.

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