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(영문) 대전지방법원 2017.06.02 2016고합483
살인
Text

A defendant shall be punished by imprisonment for five years.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

The defendant and the applicant for the medical care and custody (hereinafter referred to as the "defendant") are the third-class disabled person with intellectual disability who attended the first year of the college course of D school, and the victim is the first-class disabled person with autism as the defendant's biological friendliness.

The Defendant committed suicide after killing the victim on the erroneous premise that the Defendant and the victim caused a disability, and that the Defendant could cause a brue upon the death of the Defendant and the victim, and that she would also commit suicide.

In a situation where the defendant lacks the ability to discern things or make decisions due to adaptation disorder accompanied by mental retardation and depression, the defendant murdered the victim by causing the victim's hair, body body, side lele, etc. from the defendant's house at around November 22, 2016, Daejeon Dong-gu, Daejeon E apartment No. 103 Dong-gu, Daejeon, to die with knife with a kitchen knife in the kitchen.

As above, in a state that the defendant lacks the ability to discern things or make decisions due to mental or physical disorder, he/she is a person who commits a crime corresponding to imprisonment without prison labor or heavier punishment and needs to receive medical treatment at a treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. On-site photographs, photographs of the scene of a change, and photographs of the head of office in the scene of a change;

1. A report on the results of autopsy of a corpse and on-site identification;

1. Two kitchens, one kitchen, and one kitchen-car;

1. Necessity of medical treatment and risk of recidivism: Application of Acts and subordinate statutes to report on criminal investigation (report attached to a medical certificate of disability, etc.), together with documents, such as a mental assessment report, a copy of medical records, a certificate of issuance of a copy of the records of medical treatment, records of early medical treatment, certificates

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

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

1. Medical treatment, custody, custody, and custody;

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