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(영문) 대구고등법원 2015.09.03 2015노26
살인
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That it shall be for five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant case, the Defendant was in the state of mental illness or mental and physical disability with heavy depression, two clothes, and sacrificide. (2) The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. First, we examine the Defendant’s mental and physical argument.

In light of the mental assessment result of the Defendant’s crime of this case, which can be recognized based on the evidence duly adopted and investigated by the lower court, the Defendant appears to have been in a state of lacking ability to discern things or make decisions due to dementia, depression, etc. at the time of the instant crime. In light of the following: (a) the Defendant diagnosed the Defendant’s mental symptoms as the symptoms of Alz-type dementia and depression; (b) the initial symptoms of Alz-type dementia; (c) Maz-type dementia; (d) Maz-type symptoms; (e) Maz-type symptoms; (e) suicide accident; and (e) the Defendant’s act, etc. at the time of the instant crime.

Therefore, although the punishment of the defendant should be mitigated pursuant to Article 10(2) of the Criminal Act for the crime of this case, the court below did not take measures for mitigation of punishment due to mental or physical disorder. Thus, the court below erred in the misapprehension of legal principles as to the defendant's mental or physical disorder, which affected the conclusion of judgment.

In light of the means and methods of the instant crime, the conduct of the Defendant before and after the instant crime, circumstances after the crime, etc., the Defendant, at the time of the said crime, is in the state of mental disorder beyond the state of mental disorder and has no ability to discern things or make decisions.

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