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(영문) 수원고등법원 2020.04.08 2019노567
존속살해
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for seventeen years.

Each of subparagraphs 2 through 4 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The part of the case of the defendant (the defendant, the person to whom the attachment order was requested, and the prosecutor) 1) the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”).

(A) In so determining, the lower court erred by misapprehending the legal principles on the part of the Defendant, who rejected the Defendant’s assertion of mental disability, even though the Defendant was in a state of lacking the ability to discern things or make decisions due to mental disorders at the time of committing the instant crime.

B) The lower court’s sentence of unreasonable sentencing (25 years of imprisonment, confiscation) is excessively unreasonable and unfair. 2) The lower court’s above sentence is too unreasonable and unfair.

B. The judgment of the court below, which dismissed the defendant's request for attachment order against the defendant, even though the defendant's request for attachment order is recognized as a risk of recidivism, is erroneous in the misapprehension of legal principles

2. Determination

A. 1) The judgment of the court below on the part of the defendant's case is judged as to the defendant's mental disorder claim. The court below rejected the above claim on the ground that it cannot be deemed that the defendant lacks the ability to distinguish things or make decisions at the time of the crime of this case, considering the mental appraisal result against the defendant, etc., although the defendant is suspected of showing the mental disorder of the defendant, according to the planned mental appraisal and clinical examination result against the defendant, the mental disorder or actual verification symptoms of the defendant was not observed clearly. Rather, according to the mental appraisal and clinical evaluation of the defendant, it seems that the defendant was aware of the intent and crime of the crime of this case at the time of the crime of this case.

B) The judgment of this Court (the mental disorder stipulated in Article 10 of the Criminal Code) is mental disorder.

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