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(영문) 서울고등법원 2014.10.17 2014노1741
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions.

The lower court erred by rejecting the Defendant’s mental and physical argument.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years of imprisonment and confiscation) is too unreasonable.

2. Determination:

A. 1) The lower court determined that the Defendant did not seem to have been in a state of mental disability at the time of committing the instant crime in light of the following circumstances: (a) according to the notice of the result of the mental appraisal by the Medical Treatment and Custody Director of the Ministry of Justice, the Defendant appears to have difficulty in controlling decentralization in the situation of severe stress at the time of committing the instant crime; (b) however, it cannot be deemed that there was an accident, flag disorder, personality disorder, and shock disorder, etc.; and (c) the Defendant, from the investigative agency to the court of the lower court, has given relatively specific memory and made statements in the situation immediately before the instant crime; (d) details of the instant crime; (e) means and methods of committing the instant crime; (e) the means and methods of the crime; (e) the Defendant’s act before and after the instant crime; and (e) considering the above circumstances acknowledged by evidence duly adopted and investigated by the lower court, the lower court’s determination rejecting the Defendant’s mental and physical disability and did not err as otherwise alleged in the grounds for appeal.

However, the area of multi-regional personality test result.

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