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(영문) 서울남부지방법원 2019.04.26 2019고합26
살인
Text

A defendant shall be punished by imprisonment for fifteen years.

Seized knife No. 1 (No. 1) shall be confiscated.

A person for whom an attachment order is requested;

Reasons

Criminal facts

In addition, the facts charged and the facts leading to the attachment order were appropriately revised to the extent that it does not interfere with the defendant's defense right.

【Criminal Facts】

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") had weak ability or decision-making ability to discern things due to damage to the victim B (the victim 50 years of age), which is symptoms of mental illness caused by alcohol, exchange of the victim's external appearance, etc.

On December 7, 2018, at around 01:50 on December 7, 2018, the Defendant killed the victim by taking a knife (32cc in total length, 20cc in knife length) located in the kitchen while disputing the victim B (the 50-year-old age), who is his spouse, and the victim's chest, etc., who is accompanied by a fnife window and a closed window, died of the victim.

[Fact that constitutes a cause for attachment order] The Defendant is likely to recommit murdering in light of the motive, method, circumstances after the commission of the crime, outline, etc. as stated in the judgment below.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police of the F;

1. The list of seized articles and photographs thereof;

1. On-site identification reports and on-site photographs, body autopsy reports and body photographs, gene assessment reports, and body photographs, and body report on the request for appraisal;

1. 112 reported case list, family relation certificate, removed copy, and a certified copy of resident registration;

1. Report on each investigation (the confirmation and investigation of the past crimes by a suspect, and oral opinion on the result of autopsy by the autopsy);

1. The risk of repeating the crime of murder as indicated in the judgment: The following circumstances that may be recognized by the aforementioned evidence, mental assessment report, and response to a request prior investigation, etc., namely, ① the Defendant murdered the victim’s chest, etc. by a cruel method against the victim who is his spouse, and committed the crime of this case by murdering the victim’s chest, etc. by a cruel method; ②

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