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(영문) 수원고등법원 2020.06.10 2020노202
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which did not grant a reduction of mental and physical disability is erroneous in the misapprehension of legal principles, since the defendant and the requester for medical treatment and custody (hereinafter "defendant") 1 were mentally ill-incompetent at the time of the crime of this case, and the defendant did not give a reduction of mental and physical disability. 2) The punishment (one year and six months of imprisonment, and confiscation) sentenced by the court below of unfair sentencing is excessively unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the defendant's mental suffering claim, the degree and contents of the defendant's symptoms of mental illness, the timing and details of the occurrence, treatment period and details, the course and method of the crime of this case, the defendant's behavior after the crime of this case, etc., the defendant is deemed to have a lack of ability to discern things or make decisions due to the mental illness at the time of the crime of this case (However, in light of the degree and contents of the defendant's symptoms of mental illness as mentioned above, the degree and contents of the crime of this case, and the course and method of the crime of this case, etc., the defendant's mental disorder cannot be seen as

① From 2010 to May 2019, the Defendant continued to be hospitalized and discharged at a mental hospital from the day on which the instant crime was committed.

(2) From 2010 to 2018, the Defendant was hospitalized in a Npsyun medical corporation at a 32th day to 215th day of each year, and received treatment, and recorded evidence 38,157 pages). (2) The instant crime was committed by the Defendant against an unspecified neighbor who was in the elevator, or was injured by a knife with a knife.e., the Defendant’s mother in relation to the instant crime.

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