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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant at the time of committing the instant crime and the requester for medical treatment and custody (hereinafter referred to as the "defendant") did not have the ability to discern things or make decisions due to the injury or illness.
B. The sentence imposed by the lower court (15 years of imprisonment) is too unreasonable.
C. The claim for medical treatment and custody should be dismissed because the unjust defendant of the medical treatment and custody reflects the error.
2. Determination
A. According to the evidence adopted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant committed the instant crime under the lack of the ability or decision-making capacity to discern things due to a mental disorder from around 2005 to December 21, 2018, which was hospitalized 13 times as a mental disorder, such as Cho Jae-in, etc., and that the Defendant committed the instant crime.
However, in light of the following: (a) the Defendant committed an attack against the victim’s urgency, the victim’s body, clothes, and two parts; (b) the Defendant clearly stated the course and process of the instant crime in the course of the investigation; and (c) the Defendant’s act before and after the instant crime; and (d) the background, means, and method of the instant crime, etc., it cannot be deemed that the Defendant was in a state of mental disorder, in which the Defendant did not have any ability to discern things or make decisions, even in a state
The defendant's defectiveness argument is without merit.
B. The Defendant’s judgment on the assertion of unfair sentencing is against the recognition of and mistake in the instant crime, and is the primary offender.
The defendant, who was suffering from her face-to-face illness, has committed the crime of this case in a state of mental and physical disability, and the defendant's misinception L wanted to be her wife.
However, the Defendant murdered knife and knife of his father, and murdered both knife and two knife of the mother who was flife, and murdered with knife.
The crime of this case is committed.