logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.11.19 2015노2587
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. Around the middle school’s time, the Defendant was diagnosed with a yellow disorder, and thereafter his/her mental disorder was serious, and was subject to treatment with a mental disorder after being diagnosed with an uneasiness in around 2012, and repeatedly complaining of suicide and insects, he/she was urged to be hospitalized in a closed ward after consultation from around February 2015.

The Defendant was under the influence of alcohol at the time of the instant case, and due to such a state of alcohol and complex factors arising from such mental problems as above, the Defendant was in a state of mental disability at the time of the instant crime.

B. The lower court’s sentencing (six years of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disability as stipulated in Article 10 of the Criminal Act, the mental disorder as stipulated under the provision of Article 10 of the Criminal Act requires that the mental disorder, such as mental illness or abnormal mental condition, other than mental disorder, was lacking or reduced in the ability to discern things or control action accordingly. Thus, even if a person with mental disability was a person with normal mental disorder at the time of committing the crime, the mental disorder cannot be deemed as a mental disorder if the person

(See Supreme Court Decisions 92Do1425 Decided August 18, 1992; 2012Do12689 Decided January 24, 201, etc.). According to the evidence duly adopted and examined by the lower court, the Defendant was finally diagnosed with an uneasiness, and the Defendant was aware of drinking prior to the instant crime, but the Defendant was aware of drinking. Meanwhile, the Defendant was aware of the victim’s house at once; the victim’s house was accurately found; the victim’s visit was cut off, concealed the knife of the knife, and went into the victim’s room; the escape was driven by the victim; the victim was driven by the convenience store; the victim was driven by the convenience store; the convenience store was discarded; the convenience store was discarded; the victim was knifeed by the Defendant, and the victim was knife by the Defendant.

arrow