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(영문) 광주고등법원 2016.10.27 2016노384
특수상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

upon a request of a prosecutor at the trial.

Reasons

Summary of Grounds for Appeal

① At the time of each of the instant crimes, the Defendant and the candidate for medical treatment and custody (hereinafter referred to as the “Defendant”) were in a state of mental disability at the time of committing the instant crimes, and ② the lower court’s imprisonment (one year and six months) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mental disability and the evidence duly admitted and investigated by this court, namely, ① the Defendant was diagnosed as having been in need of medical treatment for at least six months due to de facto disorder at the time of carrying out R Council members on May 3, 2013, and was not treated for any particular period from June 10, 2015 to June 15, 2015. From the S mental health clinic’s view that the Defendant was under medical treatment and custody at the time of the occurrence of suicide, the Defendant was unable to provide medical treatment and custody at the time of the occurrence of the suicide, and the Defendant appeared to have received a long-term evaluation of the victim’s mental disorder, such as mental health disorder, and the victim’s emotional harm, and the Defendant appears to have been under the influence of the victim’s emotional harm.

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