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(영문) 부산고등법원 2014.12.04 2014노583
살인등
Text

All appeals filed by the Defendant and prosecutor concerning the part of the case against the Defendant are dismissed.

Applicant for medical treatment and custody.

Reasons

1. The defendant case;

A. The summary of the grounds for appeal 1) In light of the various sentencing conditions of the Defendant in this case, the sentence imposed by the lower court (one 25 years of imprisonment and one knives of one knives of one and one kives of one kives of one and one kives of one seized) is too unreasonable, and the following circumstances acknowledged by the prosecutor's evidence submitted by the prosecutor, i.e., mistake of facts or misapprehension of legal principles, the Defendant stated that the Defendant was guilty of the instant crime by disregarding the victim, and that ordinary people were planning and preparing the instant crime, preparing for the crime to the extent that they were unable to understand, accurately understanding the situation before and after the crime, and expressed their opinions with the investigation conducted by the investigative agency, it is difficult to view that the Defendant maintained the ability to distinguish things at the time of the instant crime, and the symptoms of the Defendant suffered from the Defendant had an influence on the plan and implementation of the instant crime. Nevertheless, the lower court erred by misapprehending the legal principles on mental and physical disability of the Defendant.

B. 1) As to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles, the mental and physical disorder as stipulated in Article 10 of the Criminal Act is a biological element, and it needs to be determined that the mental disorder, as a psychological element, lacks or reduced the ability to discern things or control the act accordingly due to such mental disorder, as well as mental disorder other than mental disorder such as mental, mental, or abnormal mental condition. Therefore, even if a person is a person with a mental disability, he/she has the ability to distinguish things from normal things at the time of committing the crime.

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