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(영문) 광주고등법원 (전주) 2014.06.03 2014노3
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

One kitchen (No. 5) which has been seized shall be a kitchen.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") 1) - The defendant with mental disorder was in a state of mental disorder due to mental illness, such as her early illness at the time of committing the instant crime, but there is an error of law that affected the conclusion of the judgment by rendering a judgment without making any necessary deliberation on this point, and thereby adversely affecting the conclusion of the judgment.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. We first examine the defendant's mental and physical argument regarding the defendant's case.

A. The mental disorder stipulated in Article 10 of the Criminal Act is a biological factor and needs to be determined as lacking or reduced in the ability to distinguish things due to psychological disorder other than mental disorder such as mental disorder, mental disorder, or abnormal mental condition. Thus, even if a person with mental disorder was a person with normal mental disorder or ability to control acts at the time of committing a crime, he cannot be deemed as a mental disorder. However, in the case of a fixed mental disorder such as mental disorder, even if the person with mental disorder seems to have the same mental disorder as the normal ability to distinguish things or ability to control acts at the time of committing a crime, it is often often related to a mental disorder, and it is often related to a mental disorder, even if the person's consciousness in the process of causing a crime is deemed to have the same mental disorder as the normal person, and in such case, it may be deemed as a mental disorder and a mental disability.

(See Supreme Court Decision 92Do1425 delivered on August 18, 1992). B.

Comprehensively taking account of the aforementioned legal principles and the following circumstances, the Defendant seems to have lacking the ability to discern things or make decisions due to mental division at the time of committing the instant crime.

1. The defense counsel of the defendant on November 2013.

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