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(영문) 대전고등법원 2017.12.08 2017노392
존속살해미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss due to a mental division disorder.

B. The risk of recidivism and the need for medical treatment of the treatment and custody is not recognized.

(c)

The sentence of the lower court (two years of imprisonment, confiscation) is too heavy.

2. Determination

A. Based on the evidence adopted, the lower court found facts as indicated in its reasoning, and found that there was a lack of physical change and decision-making capacity, such as the circumstance where the Defendant, prior to the instant crime, showed symptoms of mental fission disorder such as the damage network or exchange hall prior to the instant crime, and the call for attacking the victim at the time of the instant crime, etc. However, considering the following: (a) the background, means, and method of the instant crime; (b) the Defendant’s act before and after the instant crime; (c) the circumstances after the crime; (d) the details and statement attitude of the Defendant, who was investigated by the investigation agency as the person being investigated by the victim immediately after the crime; and (d) the Defendant committed the instant crime under the condition that the Defendant was unable to discern things due to such mental illness or was incapable of making decisions.

It is difficult to view it.

The decision was determined.

In full view of the evidence duly admitted and investigated by the lower court, the lower court’s determination is just and acceptable. In so determining, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

subsection (b) of this section.

B. Based on the evidence adopted, the lower court acknowledged the facts as indicated in its reasoning based on the medical care and custody part, and found the following: (i) the Defendant appears to have been in extremely uneasy and early psychological state due to the damage, damage, and exchange from the first police officer on May 2017; (ii) was showing the Defendant’s behavior to go back to the hospital, such as getting off from the hospital and getting back from the hospital; and (iii) owing to the symptoms of mental division disorder, such as the Defendant’s pacence at the time of committing the instant crime.

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