logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.12.13 2012노2480
존속살해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for life.

Reasons

1. Determination as to the claim of mental disability

A. The lower court rejected the Defendant’s claim for mental disability based on the following: (a) comprehensively taking account of all the circumstances, including the Defendant’s determination on the Defendant’s claim for mental disability, the background and means of each of the instant crimes, the Defendant’s act before and after the instant crimes, and the Defendant’s statement to a certain degree of memory in the process of the instant crimes; and (b) solely based on the fact that there was a depression for the Defendant, it does not appear to have reached a state where the Defendant lacks the ability or ability to make a decision to discern things

B. Determination of the existence and degree of mental disorder as stipulated in Article 10 of the relevant legal doctrine is a legal judgment and does not necessarily necessarily require the opinion of a specialized appraiser, but a court may independently determine the existence and degree of mental disorder by taking into account various circumstances, such as the type and degree of mental disorder, motive and circumstance of the crime, means and manner of the crime, the behavior of the defendant before and after the crime,

(Supreme Court Decision 99Do1194 Decided August 24, 199; Supreme Court Decision 2007Do3391 Decided July 12, 2007; Supreme Court Decision 2007Do833, November 29, 2007; Supreme Court Decision 2007Do22 Decided November 29, 2007). Therefore, the court should determine whether a defendant was in a state of mental disorder at the time of each of the crimes in this case by comprehensively examining not only the result of a mental appraisal but also the aforementioned various circumstances.

C. The Ministry of Justice of the Medical Treatment and Custody Office for the Determination of the Political Party refers to an uncertain belief that the present mental condition of the appraiser is a sound climate, unstable and inorganic sense, self-harm, damage, accident, related accident, and related accident: the other person’s behavior or environmental phenomenon is likely to have an impact on himself/herself in the report of the mental appraisal of June 1, 201 against the accused. When he/she talks with the string who are talking with him/her, he/she is going to talk about it.

arrow