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(영문) 서울서부지방법원 2015.12.30 2015고합192

살인미수

Text

A defendant shall be punished by imprisonment for five years.

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

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody [criminal facts] The defendant and the respondent for medical treatment and custody (hereinafter referred to as "defendants") are those who live in so-called post without any exchange with others except family members.

On March 9, 2015, when the Defendant was closed down with noise problems that arise in the process of opening the entrance door to the neighboring victim C (the age of 57) and the victim was living in the right side of his/her residence, the Defendant was able to kill the victim on the ground that the victim was stockpiled in front of his/her entrance on March 9, 2015.

Around 06:30 on March 10, 2015, when the defendant lacks the ability to discern things or make decisions due to any other non-human mental disorder, the defendant possessed a deadly weapon in front of the entrance of the victim located in Eunpyeong-gu Seoul Metropolitan Government ( approximately 22 cm in total length, approximately 11 cm in blades), and attempted to kill the victim by opening the door and leaving the door, making the victim waiting to leave the door, and making it difficult for the victim to take over the victim's knife and face so far. However, the defendant tried to kill the victim by taking the wind, which is strongly resisting the victim during the instant period, the victim’s knife damage in the number of days of treatment, the knife, face, and the knife.

Thus, although the defendant tried to kill the victim, he did not achieve his intention but did not commit an attempted crime.

[Facts causing medical treatment and custody] The defendant has committed a crime stated in the facts constituting a crime under the judgment in the state that he/she has a weak ability to discern things or make decisions due to other non-quality mental disorder, and it is necessary to receive medical treatment at the medical treatment and custody facility and the risk of repeating a crime if he/she does not receive appropriate mental

Summary of Evidence

【Criminal Facts in the Market】

1. Partial statement of the defendant;

1. C’s legal statement;

1. Prosecutions against the Defendant.