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Defendant
In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the requester for medical treatment and custody and the requester for an order to attach an order: The Defendant asserted that “the instant crime was committed in the state of mental disorder or mental disorder” as the grounds for appeal from October 12, 2015, which was submitted subsequent to the lapse of the period for submitting the statement of grounds of appeal of unfair sentencing, to the effect that “the instant crime was committed in the state of mental disorder or mental disorder.” However, the foregoing assertion is filed after the lapse of the period for submitting the statement of grounds of appeal, and it cannot be deemed that the Defendant was in the state of mental disorder at the time of committing
The imprisonment (20 years of imprisonment and confiscation) of the lower court is too unreasonable.
B. Prosecutor: From the second trial date ( October 19, 2015, the second trial date) of the unfair sentencing judgment, the prosecutor alleged that “the defendant’s assertion of mental or physical disability is without merit.” However, the above assertion is filed after the lapse of the period for filing the statement of grounds of appeal, and it cannot be a legitimate ground for appeal, and even ex officio, it cannot be said that the judgment of the court below erred by mistake
The sentence of the court below is too unhued so as to be unfair.
2. Determination
A. As to the judgment on the part of the defendant's case (with regard to the assertion of unfair sentencing, the defendant and the person subject to medical treatment and custody and the person subject to a request for attachment order (hereinafter "defendant") appear to have committed the crime of this case under the condition that the defendant lacks the ability to discern things and make decisions due to the network-based assistance, and all of the crimes of this case are committed by the defendant, and the defendant was committed by the police on the day of the crime. According to the records, the police officer dispatched after receiving the report on the day of the crime of this case discovered the defendant in the vicinity of the scene of the crime, the police officer discovered the defendant at the scene of the crime, and demanded identification card, and the defendant himself stated "I died of a woman."