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(영문) 대법원 2016.11.24 2016도10110
살인
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the lower court and the first instance court as to the grounds of appeal by the Defendant and the requester for medical treatment and custody and the respondent for an attachment order (hereinafter “Defendant”), the lower court is justifiable to have determined that the Defendant murdered the victim out of the third floor rail as stated in the facts charged, for the reasons indicated in its holding.

There is no error exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court’s judgment dismissing the first instance court’s request for medical treatment and custody is justifiable, on the grounds stated in its reasoning, that it is deemed that there is a risk of recidivism by the Defendant and the necessity for medical treatment and custody facilities.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the requirements for medical treatment and custody and the purport of Article 4(2).

(2) As to the Defendant’s case and the claim for attachment order, the Defendant appealed with respect to the Defendant’s case and the claim for attachment order. However, the Defendant did not state the grounds for appeal in the petition of appeal and did not find any statement of grounds for objection in the appellate brief.

2. (1) Examining the Prosecutor’s grounds of appeal on the Defendant’s ground of appeal, the lower court is justifiable to have determined that the Defendant was in a state of mental disorder at the time of committing the instant crime on the grounds indicated

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal doctrine on the defect.

(2) Examining the record regarding the request for attachment order, the lower court’s medical treatment is based on the medical treatment and custody for the reasons indicated in its reasoning.

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