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(영문) 대전지방법원 2016.01.14 2015고합338

살인미수

Text

A defendant shall be punished by imprisonment for two years.

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

A medical care and custody applicant.

Reasons

Criminal facts

The facts of the cause of the medical care and custody [criminal facts] The defendant and the person in charge of the medical care and custody (hereinafter referred to as the "defendant") received hospital treatment from Jun. 11, 2004 to Dec. 31, 2004 from Daejeon as Chonam University Hospital (mental divided disease). From Jun. 12, 2006 to Jun. 20, 2006; from Jul. 7, 2006 to Jul. 20, 2006 and Apr. 11, 2007 to May 4, 2007, they lack the ability to discern themselves or make decisions due to mental disorder caused by the symptoms of a prolonged divided disease.

On September 30, 2015, at the street near the entrance of the D1st floor located in Daejeon, Daejeon, Daejeon, the Defendant: (a) “A person who smokes a low-term tobacco” refers to the victim E who was smoking tobacco at the port of exchange and was smoking in the vicinity of the D1st floor; and (b) C, the Defendant: (c) refers to the victim E who heard tobacco at and near the port of exchange.

“The victim tried to murder the victim’s head, neck, ear, etc. in his/her possession (22 cm in length, 12 cm in length) while fighting with the victim by profing his/her body, but the victim did not resist so and did not commit an attempted crime.

[Judgment of the court below] Defendant 1 attempted to commit murder with imprisonment without prison labor or heavier punishment under the above mental and physical weakness, and Defendant 1 needs to receive medical treatment at the facilities for the treatment and custody of mental fissions, and there is little awareness of his symptoms and crimes, thereby resulting in a high risk of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F, G, and E;

1. A protocol of seizure and a list of seizure;

1. A copy of a medical record, such as a written opinion and a medical certificate;

1. A damaged photograph;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances, namely, the Defendant, from June 11, 2004, had been hospitalized several times from her on-site illness, but the symptoms show a significant change.