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(영문) 대구지방법원 서부지원 2020.03.23 2019고합168

살인미수

Text

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 1) seized shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Criminal facts

In addition, the facts leading to medical treatment and custody [criminal facts] The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") committed the following crimes under the lack of the ability or decision-making ability to discern things due to the illness, etc.:

The defendant was a current or former tenant of the Daegu-gu Multi-household D, Daegu-gu, Seoul, which is owned by the victim B (Y, 57 years of age).

On August 11, 2019, the Defendant came to be a director in the above victim’s building, and received one million won out of three million won as security deposit from the victim, and was notified that the Defendant would make payment after disposing of wastes, etc. that he did not dispose of.

On August 12, 2019, the Defendant received the treatment of household garbage at a nearby Dong office, and explained that the house of the above victim was used for 3 to 4 days to store the victim's household garbage. However, the victim paid a security deposit to the victim, and the victim was willing to kill the victim.

After preparing excessive (25 cm in total length, 12 cm in blade) on August 14, 2019, the Defendant found the victim's residence and displayed the victim's daily garbage receipt Stackers on August 14, 2019, but the victim attempted to murder the victim's right part of the above excessive part of the victim's right side on the stairs because of disregarding the victim, but attempted to murder the victim, such as a light, a light, sniff, etc., where the victim's number of days of treatment cannot be identified.

Accordingly, the defendant tried to kill the victim, but attempted to do so.

[Facts that cause of medical treatment and custody] The defendant needs to receive medical treatment at a medical treatment and custody facility and has the risk of repeating a crime, who committed a crime falling under imprisonment without prison labor or heavier punishment under the circumstance that he/she has the ability to discern things

Summary of Evidence

1. The defendant's partial statements in the first trial records;