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(영문) 서울고등법원 2019.05.09 2018노2886
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime, the Defendant was in a state of mental disability due to symptoms such as mixed uneasiness, depression disorder, and acute stress disorder. 2) The sentence sentenced by the lower court of unreasonable sentencing (25 years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as well as the following facts and circumstances, it is difficult to view that the Defendant was in a state of lacking ability to discern things or make decisions due to mixed apprehension and depression disorder, acute stress disorder, etc. at the time of committing the instant crime.

Therefore, this part of the defendant's assertion is rejected.

① A medical specialist of the Public Medical Treatment and Custody Center who has conducted a mental diagnosis against the Defendant is presumed to have been returned to the “long-term continuous reaction” due to symptoms, such as depression, influence, paralysis, and physical decrease, suicide impulse, etc. At the time of the instant crime. The “long-term continuous reaction” falls under one category of “malptive disorder,” and the “malptive disorder” is excluded from the diagnosis of mental disorder, and the Defendant issued a diagnosis that there is no specific mental diagnosis at the time of the instant crime. “The Defendant is presumed to have been without any specific mental diagnosis at the time of the instant crime, and presumed to have been able to have fulfilled the ability to distinguish things and make decisions.”

② The Defendant made a very specific and accurate statement about the circumstances, motive, time and place of the crime, circumstances before and after the crime, etc., known to the victim during the police interrogation on the day of the crime.

③ 특히 피고인이 피해자를 죽여 버리고 싶은 마음에 칼과 밧줄, 청테이프를 샀다고 진술한 점, 범행 도구의...

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