beta
(영문) 광주지방법원 목포지원 2014.01.09 2013고합107

존속살해

Text

A defendant shall be punished by imprisonment for five years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

The attachment order of this case.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody [criminal facts] The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") are suffering from hospital C and D hospital from around April 23, 2004 to June 20, 2013 by hospital C, etc. with mental illness, such as stimulative disorder.

On September 17, 2013, the Defendant: (a) considered that the victim G (the age of 85) is a sect of North Korea, not a defendant's friendship; (b) considered that the victim's mother living together lacks the ability or decision-making ability to discern things due to mental or physical disorder, such as the damage net, over-net, exchange, refund, disorder of actual judgment ability, decline of impulse adjustment ability, and other mental disorder; and (c) considered that the victim G (the age of 85) is a sect of North Korea, not a defendant's friendship; and (d) considered the victim's face, kne, kne, kne, breast, etc. at a time when the body of the victim, such as the victim's face, face, kne, breast, etc., cane, etc., and killed the victim as his lineal ascendant by having the victim died by pressure from that place to the end.

[Facts of Grounds for Medical Treatment and Custody] The Defendant is in need of medical treatment and custody at a medical treatment and custody facility to commit a crime of remaining life with imprisonment without prison labor or heavier punishment under the above mental disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police statement made to H, I, and J;

1. Records of seizure and the list of seizure;

1. A corpse of corpse;

1. Family relation certificate:

1. A table for an appraisal request;

1. Notification of the result of mental appraisal;

1. A written autopsy and appraisal;

1. The need for treatment and the risk of recidivism: (a) the following circumstances recognized by the aforementioned evidence, namely, ① the Defendant has been suffering from mental illness for about 20 years and repeated hospitalization and discharge; and (b) the Defendant has consistently been under outpatient treatment and has taken drugs while being hospitalized in a mental hospital; and (c) the Defendant.