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(영문) 대구지방법원 2013.12.20 2013고합516
살인미수등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Facts of the cause of medical treatment and custody [criminal fact] The defendant is pro-Japanese of the victim C (n, 33 years of age).

On September 26, 2013, the Defendant, at around 14:03, arranged the first time in the residence of the Daegu Suwon-gu D apartment 502 Dong 1413, 502, and 1413, she tried to kill the victim, who was aware of the victim's remaining female with his/her previous business, in a state that he/she lacks the ability to discern things or make decisions due to the editing tide, with the expression "I am unable to do so," and in a state that he/she did not have the ability to discern things due to the editing tide.

Therefore, the defendant, in the kitchen, has taken the kitchen knife (the total length of 33cc, 18cc., 18cc., m. 1) from the kitchen until the victim, who was living in the living room in the kitchen, had knife about 20 times the victim's head, shoulder, hack, hack, etc. with the above kitchen knife until the victim, "the knife knife knife knife knife knife knife knife knife knife".

[Facts that cause of medical treatment and custody] A person subject to medical treatment and custody has committed the above crimes under the state that he/she suffered from a fluoral disease, etc. for about 15 years before, and had weak the ability to discern things or make decisions due to efficiencies, and is in need of medical treatment at a medical treatment and custody facility and is in danger of re-offending.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site reports on results of field identification;

1. On-site photographs, etc., photo of the offender, and photo of the upper part of the victim;

1. A general medical certificate;

1. A statement of mental retardation: A statement of opinion and a mental appraisal statement;

1. The necessity of the medical treatment and the risk of recidivism: The defendant's mental state recognized by the above evidence, the circumstance and details of the crime of this case, and the circumstances after the crime, etc. are recognized as having the necessity of medical treatment and custody facilities to receive medical treatment and the risk of recidivism.

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