logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.06.08 2017노99
강도살인등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Judgment on the defendant's mental and physical loss or mental weakness

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) are still juveniles, and they committed the crime under the mental and physical loss or mental weakness due to a mental fission, etc.

However, the court below found the defendant guilty of this part of the facts charged on the premise that the defendant was not in a physical or mental state at the time of committing the crime without sufficiently examining or making a judgment as to whether the defendant was guilty of having committed the crime under the mental or physical loss or mental weakness.

B. In the judgment of the court below, the medical examiner of the medical care and custody center made an appraisal to the effect that “the patients with divided personality disorder who show symptoms, such as the defendant’s somewhat biased and biased accident, the fall of the personal relationship, the social isolation, the enemy sense, and the incompetence, etc., or the disability of these personality are not likely to affect the defendant’s decision-making ability, and the defendant is deemed to have no disorder in the decision-making ability and the ability to distinguish things at the time of the crime of this case, and it is deemed that the defendant is not in need of mental treatment when considering the present state.”

In light of various circumstances, such as the background, means and method of the instant crime, the Defendant’s attitude before and after the commission of the crime, and the circumstances after the commission of the crime, which are acknowledged by the evidence duly adopted and examined by the lower court along with such mental appraisal results, the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions

It does not seem that it does not appear.

We do not accept the Defendant’s assertion that the Defendant had the ability to discern things or make decisions at the time of crime.

2. Determination as to the allegation of unfair sentencing by both parties

A. The Defendant alleged that the lower court’s punishment is too excessive and thus unfair, and the prosecutor is too excessive.

arrow