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Defendant
The appeal filed by both the candidate for medical treatment and custody and the prosecutor shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and Applicant for Medical Treatment and Custody (1) The Defendant and Applicant for Medical Treatment and Custody (hereinafter “Defendant”) shall be subject to mistake of facts as to murder intention.
(2) In light of the fact that the Defendant’s family members, who are the bereaved family members of the victim, committed the instant crime in a very serious state of mental suffering from the Defendant’s death and injury, did not have any intention to murder at the time of the instant crime, as it did not have any intention to commit the instant crime, due to intellectual disability in the degree of five years of age, and did not sufficiently understand the meaning of the death and injury, etc., the lower court’s imprisonment (four years of imprisonment, medical treatment and custody) is too unreasonable.
B. Even if the Defendant was in a state of lacking the ability to discern things or make decisions, in light of the motive, mode, degree of damage, etc. of the instant crime, the lower court’s punishment is too uneasible and unreasonable.
2. Determination:
A. In the crime of murdering the Defendant’s assertion of mistake of facts, the intent of murder does not necessarily require the intention of murder or planned murder, and it is sufficient to recognize or have predicted the possibility or risk of causing death of another person due to his own act, and its recognition or prediction is not definite but not only conclusive (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006). The lower court recognizes the fact that the Defendant has the mental body of middle school, but also recognizes the fact that the Defendant graduated from special school, read and use Korean language, and stated from the investigative agency to the court of the lower court that the Defendant died of the victim, as well as detailed statements about the cause and circumstances of the crime.