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(영문) 대구지방법원 2016.01.29 2015고합397

존속살해미수

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

The Defendant repeats hospitalization and discharge at C hospital due to early illness and boundary functions, etc., and is a mentally ill-class 3 patient with mental capacity to receive treatment by hospitalized from around June 20, 2015 to July 9, 2015.

The Defendant, at around 10:00 on August 23, 2015, at the Defendant’s house located in Daegu Dong-gu, Daegu-gu, and 2, on the following grounds: (a) from around 10:0 on August 23, 2015, had the ability to discern things or make decisions; (b) had the mind to kill the victim on the ground that he/she continues to be in annoying manner during night from around 75 years of age; and (c) had the kitchen knife in the kitchen, which had the kitchen 18cm in the kitchen, and had the kitchen knife in the kitchen and the kitchen knife; (d) twice, the victim’s right shoulder knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

I think that the victim's knife knife knife knife knife knife is separated from the defendant's room, but the victim failed to do so but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Protocols of seizure;

1. A report on internal investigation (such as the situation at the time of dispatch to the site), photograph of the victim at the time of the crime, photograph of the criminal tool, investigation report [the victim E (75, n.e., photograph of the upper body of the victim), photograph of the victim's body, investigation report (the confirmation of the other party to the G hospital), investigation report (the victim E (n.e., female) and opinion attached thereto);

1. Family relation certificate;

1. The application of statutes to opinions, certificates of release on admission, copies of medical records, disability ratings, and disability diagnosis certificates;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (2) of the Criminal Act concerning the selection of criminal facts;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Sentence of a punishment by law;