beta
(영문) 전주지방법원 2014.12.11 2014고합104

존속살해

Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

One stick for the aged seized (certificate 1) and the stick for the aged.

Reasons

Criminal facts

From February 2, 2014 to 06:40 on February 2, 2014, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") died of the victim's chest damage, namely, the victim's chest damage from the chest-gun, the father of the defendant and the victim D, the father of the defendant, who are the defendant and the father of the defendant in the former Northwest-gun C, for the reason that the victim did not know of the occurrence of the victim. However, the victim was dead of the victim's chest-gun's head and face with stick ( approximately 80 cm in length, evidence 1) in alkin for the elderly in alkinium located at the same location, on the ground that he did not know of the victim.

Accordingly, the defendant murdered the surviving victim.

[Fact that constitutes a cause for attachment order] The Defendant is likely to recommit murdering and commit a murder.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. A copy of a written autopsy, a written result of autopsy, and a reply for request for appraisal;

1. Family relation certificate:

1. Ratification;

1. On-site photographs;

1. Investigation report (related to confirmation of the direction of the prosecutor and preparation of the H protocol of statement), investigation report (the details of telephone communications of the suspect);

1. A statement of inquiry, such as a copy of a letter of transfer of the violation of the Act on Handling of Disasters by Suspect, criminal records, and investigation report (a summary order, etc. for confirmation of the same criminal record as the suspect);

1. The risk of recidivism in the judgment: (a) the following circumstances recognized by the evidence adopted and examined by this court, such as the response to the investigation before the claim, namely, the assessment tool for the risk of recidivism by Korean-style adults against the Defendant at the level of 11 points in total; (b) the fact that the Defendant is suffering from her face-to-face disease and shows violent inclinations; and (c) the Defendant’s age, character and conduct, the motive and method of the instant crime, and the circumstances before and after the instant crime.