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(영문) 부산고등법원(창원) 2020.11.04 2020노124
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is not guilty on the ground that he had a mental disorder at the time of committing the crime in this case.

B. The sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended execution) is too unreasonable.

2. Determination

A. The Defendant had the same assertion as the grounds for appeal in the lower court’s judgment as to the assertion of defectiveness, and the lower court rejected the above assertion in detail by stating in the written judgment the judgment.

In light of the following circumstances, the judgment of the court below is reasonable and there is no error in the misapprehension of the law, and the defendant's allegation of the defectiveness is without merit.

1) Upon receiving the determination of grade II of intellectual disability, the Defendant registered on June 26, 2006. The Grade II of intellectual disability is a disability grade granted to “persons with intelligence index between 35 and less than 50, who can train simple activities in daily life, who are able to have a job that does not require any special technology and does not require any complicated degree of supervision and assistance.” After graduating from an elementary school, the Defendant graduated from Msan X and Gyeongnam Y School, and is living at the age of 15.2) The Defendant was receiving medical treatment from January 11, 2013 to receive medicine once a month from G mental health department, and takes care of the medicine.

On December 11, 2019, the doctor of the above hospital diagnosed the defendant as a serious disorder in other behavior, and as a consequence of the unknown habit and shock disorder, the doctor of the hospital diagnosed the defendant on December 11, 2019. The defendant shows symptoms of severe intelligence, decrease of recognition function, decrease of intellectual ability, judgment disorder, language delay, dialogue and communication disorder, conversation and communication disorder, commercial behavior, impulse, impulse, impulse and shock disorder, etc. from January 11, 2013 to for-the long period of one year.

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