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(영문) 대구지방법원 2017.01.20 2016고합410

존속살해등

Text

A defendant shall be punished by imprisonment for fifteen years.

For a person who has requested an attachment order, an electronic tracking device for ten years.

Reasons

Criminal facts

The facts leading up to the request for attachment order [criminal facts] The defendant and the requester for attachment order (hereinafter referred to as the "defendant") had serious complaints against the victim on the ground that he/she was her mother, and was living together with the victim D (the mother, 88 years old) at the defendant's house located in Busan City from March 2, 2016, when he/she was living in the mental hospital as a non-specific mental disorder, alcohol dependence, etc. for about eight years, and was living together with the victim D (the mother, and 88 years old).

On July 30, 2016, the Defendant: (a) tried to kill a victim under the influence of discerning things or lacking the ability to make decisions due to any other non-quality mental disorder; (b) had been able to kill the victim; and (c) had been able to kill the victim on about two occasions from the night time to the inside of the above house where the victim was divingd; (d) on July 31, 2016, when the surrounding area had not been moved to the execution, the victim was frighted to the inside; (e) on July 31, 2016, around 01:45, the victim was fright to turn on the inside; (e) stamped the side gate of the victim, which was accumulated in the room; and (e) divided the victim’s side gate into kneel and prevented the victim from leaving the office; and (e) caused damage to the victim’s strokeing death in both knes.

Accordingly, the defendant murdered the surviving victim.

[Fact that is the ground for requesting an attachment order] The Defendant is likely to recommit the murder crime as stated in the facts constituting a crime as indicated in the judgment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A death certificate;

1. A written appraisal of autopsy;

1. A mental appraisal report;

1. The risk of recidivism in the judgment: The following circumstances acknowledged according to each of the above evidence and the written investigation before the claim, namely, ① the Defendant has been hospitalized and discharged with alcohol dependence from around 2008 and other non-specific mental illness, and ② the Defendant has been treated with money.