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(영문) 수원지방법원 2020.05.28 2019고합646

살인미수

Text

A defendant shall be punished by imprisonment for five years.

A seized knife (No. 1) shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts leading up to the medical treatment and custody and the fact that the defendant and the respondent for medical treatment and custody (hereinafter referred to as "defendants") have weak ability to discern things or make decisions due to the mental retardation of the longitude accompanied by a behavior disorder. On November 5, 2019, the victim E (62 years of age) of the defendant's fatherD's father D treats the defendant as a mental disorder while playing and drinking at the defendant's house on the ground that the defendant's father E (62 years of age) treated the defendant as a mental disorder and expressed desire to do so. The defendant tried to murder the victim on the knife (32.5 cm in length, 20 cm in length, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

[Facts that cause a request for medical treatment and custody] When the defendant lacks the ability to discern things or make decisions due to mental or physical disorder, the defendant has committed a crime corresponding to imprisonment without prison labor or heavier punishment, and there is a need to receive medical treatment at a medical treatment and custody facility and there is

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A written request for a mental appraisal of photographic materials, reply to inquiry, and inquiry;

1. A copy of medical records, a medical certificate of diagnosis of a disability (as of May 7), and a certificate of entrance and discharge (as of June 6);

1. Investigation report (the statement by the police officer in charge and the person related to the F Hospital);

1. The need for treatment in the judgment and the risk of recidivism: The following circumstances revealed by the evidence mentioned above, namely, ① the Defendant had a record of having previously been sentenced to suspended execution 4 years of imprisonment with prison labor for the crime of attempted murder at Suwon District Court on July 6, 201, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife g.