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(영문) 광주고등법원 2016.11.03 2016노319
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 was in a state of mental disorder at the time of committing the instant crime. ② The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the defendant's mental disability claim

A. The court below rejected the Defendant’s assertion of the same content as the grounds for appeal in this part, on the ground that the court below rejected the Defendant’s allegation of the same content as the grounds for appeal on the grounds of detailed circumstances in Chapters 5 to 6 of the decision.

B. The mental disorder stipulated in Article 10 of the Criminal Act requires that mental disorder, other than mental disorder, such as mental illness or abnormal mental condition, due to biological factors, caused by psychological disorder, is lacking or reduced in the ability to discern things, and accordingly, the mental disorder cannot be deemed to be a mental disorder, even if a person with mental disorder is a person with normal mental disorder or ability to control action at the time of committing the crime.

(See Supreme Court Decision 94Do3163 delivered on February 24, 1995, etc.). C.

According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was diagnosed by "mental fission" at the Public Medical Treatment and Custody Center on August 20, 2001, and received medical treatment for about one year and nine months, and the defendant was subject to mitigation of mental disorder according to mental illness in the judgment of the Jeonju District Court on the crime of violation of the Military Bases and Protection of Military Installations Act committed on July 2012, 201, and the fact that the defendant was subject to mitigation of mental and physical disability according to mental illness in the judgment of the Jeonju District Court on September 7, 2012, and the civil petition that the defendant seems to have been caused by mental illness, such as the damage from the damage from ordinary investigation agency, etc., on several occasions.

However, along with the circumstances acknowledged by the lower court, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and other crimes of this case.

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