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(영문) 부산고등법원 2014.07.24 2014노324
존속살해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder was committed under the state that the defendant did not have or lacks the ability to discern things or make decisions due to mental disorder.

B. The sentence imposed by the court below on the defendant (the imprisonment with prison labor, one-one-one-one-one and two-one-one-one-one (one-one-one) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime, the result of the Defendant’s mental diagnosis, and the result of the fact inquiry into the public medical treatment and custody center, which are acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental disorder, it cannot be deemed that the Defendant following the instant crime was diagnosed with a bruptism, but thereby, it does not seem that the Defendant did not change things at the time of the instant case or did not have the ability to make a decision.

Therefore, the court below's rejection of the defendant's mental disorder on the same ground is just and there is no error of misconception of facts or misapprehension of legal principles as to mental disorder.

This part of the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the Defendant has no criminal power before the instant crime was committed at the young age of 26, and there is also good condition for the Defendant, such as the confession of the instant crime, the Defendant’s father H currently was arrested and went to the Defendant every day after being detained, while submitting a written application for carbon twice to the full bench, and the Defendant sought the Defendant’s wife to the effect that the Defendant was erroneous, while submitting it to the full bench several times, and the external villages of the Defendant did not want punishment against the Defendant.

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