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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
The summary of the grounds for appeal is limited to the defendant and the person who requested an attachment order (hereinafter referred to as "defendant").
The Defendant, at the home on the day of the instant case, was married with the victim at the four-day shop, which is the place where the Defendant committed the instant crime, and left the scene without any justifiable reason, by leaving the victim in a knife and going off with a knife, without any justifiable reason, and the Defendant was treated as a stimulative disorder, etc. from this day, and in particular, he was taken by prescribing various knife drugs, such as others, Saturdays, so it was sufficient to present mental symptoms or shock behavior at the time of the instant case, and the Defendant was unable to hold interviews or newspapers at an investigative agency after the instant crime, and the lower court, as a result of mental appraisal, was normal at the time of the instant crime.
However, the above mental appraisal has been conducted in one month from June 14, 2017, which was two months after the occurrence of the case, and the contents of the appraisal are considered to be ‘the incidental nature of the impulse performance such as the present appraisal, behavior, accident' rather than the category of mental disorder.
There is no possibility that a mental disorder exists at the time of April 15, 2017.
In light of the fact that “the Defendant was in a state of physical and mental loss having the ability to discern things or make decisions due to stimulative disorder, etc. at the time of committing the instant crime, and thus, the Defendant is not deemed to have committed murder.
Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment
The sentence imposed by the court below in the part of the case against the defendant by the prosecutor is too uneasible and unfair.
Even though the defendant's request for attachment order had a risk of recommitting the murder crime, it is improper for the court below to dismiss the request for attachment order.
The defendant's mental and physical loss on the part of the case is alleged.