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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.08.13 2013노945
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is a mentally disabled person with mental disability who suffers from mental fission, and such person lacks the ability to discern things or make decisions at the time of each of the crimes in this case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

A. 1) The judgment of the court below as to the claim of mental disability was also identical to this, and the court below rejected the above claim in detail under the title "the judgment of the defendant and his defense counsel". 2) The mental disorder as stipulated in Article 10 of the Criminal Act is a biological element, and it requires that the mental disorder as stipulated in Article 10 of the Criminal Act lacks or reduces the ability to distinguish the object from mental disorder and the ability to control the act accordingly. Thus, even if a person with mental disorder was a person with normal mental disorder at the time of committing the crime, it cannot be viewed as a mental disorder if he had normal ability to discern things or control the act.

(2) On February 8, 2007, 2006Do7900 decided Feb. 8, 2007, etc.). Therefore, the following circumstances acknowledged by the court below and the trial court were revealed by the evidence duly adopted by the court below. ① The crime of this case was committed repeatedly for several years, the method of the crime, the circumstances after the crime, etc. do not deviate greatly from the normal scope of human behavior, and rather, the crime was planned closely to destroy evidence in preparation for the crime, and ② the defendant was diagnosed to be presumed to have invaded upon residence, and that the mental diagnosis conducted by the Gariwon who was prosecuted for rape of female students after being prosecuted for the crime. However, the defendant's attitude was defensive and defensive in the relevant appraisal report.

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