logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2015.02.04 2014노369
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the misapprehension of the legal doctrine and the Defendant’s mental symptoms, the court below’s decision that did not take such measures is erroneous in the misapprehension of the legal principle. (2) The sentence imposed by the court below of unreasonable sentencing (three years of imprisonment, etc.) is too unreasonable.

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

2. Determination

A. Determination 1 on the Defendant’s assertion of misapprehension of the legal doctrine may, in a criminal case’s deliberation, require a prosecutor to file a request for medical treatment and custody (Article 4(7) of the Medical Treatment and Custody Act). However, the above provision does not be construed to impose an obligation on a court to request medical treatment and custody (see, e.g., Supreme Court Decision 201Do10159, Sept. 29, 201). 2) In full view of the evidence duly adopted and investigated by the lower court, the Defendant is deemed to have a aggressive and extreme tendency, such as “specific impossibility disorder,” and there is a need for remedy in various ways. However, further, there is insufficient evidence or materials to require a court to request ex officio a prosecutor to file a request for medical treatment and custody for the Defendant pursuant to the above provision of the Medical Treatment and Custody Act.

3. Therefore, this part of the Defendant’s assertion is difficult to accept on a different premise.

B. As to the assertion on unfair sentencing between the two parties, the defendant's mistake is against the overall recognition of his own mistake, the defendant appears to have committed each of the crimes of this case in a state of mental disorder caused by depression and a specific impossibility of personality disorder, etc., the degree of injury suffered by the injured victim K is not severe, and the above victim is the defendant's preference against the defendant by agreement with the above victim, and two years of suspended sentence of imprisonment without prison labor for up to August due to occupational injury in 198.

arrow