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(영문) 서울고등법원 (춘천) 2018.07.18 2018노25
살인미수등
Text

The judgment below

Of these, the defendant and the victim of the medical care and custody application for the defendant's case and the medical care and custody application.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the instant case does not fall under legitimate grounds for appeal because this part of the allegation by mistake of facts related to murder is not included in the appellate brief. However, it should be determined on the grounds that the Defendant’s written statement of reasons for appeal was included in the document on April 13, 2018, submitted after the expiration of the period for submission

Defendant

In addition, both the person who filed a medical care and custody and the person who filed an application for an attachment order (hereinafter “Defendant”) had no intention to kill the victims, and only caused an accident by inhaled the victims.

2) misunderstanding of the facts related to mental and physical disorder, misunderstanding of the legal doctrine, the Defendant, at the time of committing each attempted murder of the instant case, was in a state of mental and physical disability having no capacity to discern things or make decisions.

Nevertheless, the lower court found that the Defendant was physically and mentally weak at the time of committing each attempted murder of this case.

This is an error of misunderstanding of facts or misunderstanding of legal principles.

Even if the defendant was in a state of mental and physical weakness at the time

Even if the defendant did not express his violent inclinations to others in a flat sense, the defendant did not take any dispute with the victims.

Therefore, the defendant predicted the occurrence of danger and caused his mental disorder.

Even though it is difficult to see the difficulty, the court below erred by misapprehending the legal principles that the court did not reduce or exempt punishment pursuant to Article 10(3) of the Criminal Act.

3) The sentence of the lower court’s unfair sentencing (seven years of imprisonment) is too unreasonable.

B. Part 1 of the medical treatment, custody claim and attachment order claim case

shall not be deemed to exist.

This part of the argument is not included in the reason for appeal, and is not a legitimate reason for appeal, but it is included in the document of March 22, 2018 submitted by the defendant after the expiration of the period for submission of the reason for appeal.

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