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(영문) 부산고등법원 (창원) 2016.11.23 2016노135
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

A candidate for medical treatment and custody shall be subject to a request from a prosecutor in a trial.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Insane Defendant and Appellant for Medical Treatment and Custody (hereinafter “Defendant”)

(2) The sentence imposed by the lower court on the Defendant (one hundred years of imprisonment) is too unreasonable, because it was in the state of mental disorder caused by the injury or illness at the time of the instant crime.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Judgment on the Defendant’s assertion of mental disorder

A. In addition to the mental disorder such as mental illness or abnormal mental condition, the mental disorder as prescribed in Article 10 of the Criminal Act requires that the mental disorder caused by such mental disorder lacks the ability to discern things or control the behavior accordingly. Thus, even if a person with mental disorder is a person with weak mental disorder, it cannot be deemed that the person has a mental disorder but lacks the ability to distinguish things from things at the time of committing the crime.

(See Supreme Court Decision 92Do1425 delivered on August 18, 1992, etc.). B.

According to the evidence duly adopted and examined by the court below and the trial court, it can be recognized that the defendant suffers from her early illness.

However, the following circumstances acknowledged based on each of the above evidence, that is, the defendant shows violent aspects such as returning from the summer in 2013, failing to regulate self-assessment, and when the defendant incidental to the house and transferred to his/her family members, etc., after visiting the hospital, and being hospitalized (from Sep. 25, 2013 to Nov. 13, 2013) after being diagnosed by the hospital, and being hospitalized (from Sep. 25, 2013 to Nov. 25, 2013). The defendant takes out the drugs that were prescribed after being hospitalized after being hospitalized after being hospitalized, and the symptoms are adjusted, and the mental appraisal report prepared by the President of the National Rice Hospital of the National Rice Hospital was judged to have deteriorated the symptoms of Cheongna and the Cheongna, etc. for the use of imperative drugs since several months before the date of the case.

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