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(영문) 서울고등법원 2015.11.18 2015노2007
살인등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

A seized kitchen, a kitchen, etc.

Reasons

1. The court below found the Defendant guilty on the part of the case, and dismissed the prosecutor’s request regarding the part of the attachment order case. Since only the Defendant appealed on the part of the judgment below regarding the Defendant’s case, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, is not applicable.

(see, e.g., Supreme Court Decision 82Do2476, Dec. 14, 1982). Therefore, the part regarding an attachment order shall be excluded from the scope of the trial of this Court.

2. The summary of the grounds for appeal (misunderstanding of legal principles as to mental and physical disability, and unreasonable sentencing) ① In the event that the Defendant was in a state of mental and physical disability at the time of the instant crime, the lower court erred by misapprehending the legal principles as to this, thereby not recognizing the Defendant as a mental and physical disability, and ② The Defendant’s imprisonment (15 years

3. In full view of the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below, it is reasonable to view that the defendant was in a state of mental disorder where the mental suffering at the time of the crime of this case was in a state of mental suffering whose capacity to discern things or make decisions was deteriorated due to excessive drinking exceeding the main amount, and thus, the defendant's assertion of mental suffering has merit.

① In around 196, the Defendant got his hair, neck, arms, etc. due to a traffic accident. Since then, mental illness, such as depression, patriarch, and the network appeared, and received continuous medical treatment from the Seoul Northern-gu T from August 25, 1996.

② In the above Qpapasis medical clinic, the Defendant diagnosed the mental illness of the Defendant as a early fluoral disease and provided the treatment for this. However, the Defendant did not properly support the symptoms of the Defendant.

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