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(영문) 의정부지방법원 고양지원 2016.10.14 2016고합80
존속살해
Text

A defendant shall be punished by imprisonment for four years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody [criminal facts] the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") are those of the victim C (the 53 years of age) with intellectual disability 2nd.

피고인은 2016. 5. 17. 22:00경 파주시 D아파트 107동 1301호에 있는 주거지에서, 옷에 오줌을 싼 후, 어머니인 피해자가 오줌을 쌌으면 닦고 옷을 갈아입으라고 꾸지람을 하면서 남편인 피고인의 아버지에게 전화하여 이를 알리자, 피해자로 인해 아버지에게 혼나게 되었다는 생각에 순간적으로 화가 나 피해자를 살해하기로 마음먹었다.

Accordingly, the Defendant saw a kitchen knife (32.5cm in total length, 20.5cm in knife) which was displayed at the kitchen kitchen, and knife the victim’s left side knife in the ward by hand, and knife the victim knife with the kitchen knife in the above kitchen knife, and the victim knife with his name.

The Defendant listened to the victim’s secret, and prevented the Defendant from wearing off in the room, and prevented the Defendant, 119, called the victim’s inner room citing the above kitchen knife on the floor of the living room, and then killed the victim, who is a lineal ascendant, by allowing knife to die with the victim’s left side, such as the kitchen knife, at around 22:47 on the same day.

[Facts of the cause of medical treatment and custody] The defendant is in a state of mental disorder and is in danger of re-offending as a person who has committed a crime of remaining death with imprisonment without prison labor or a heavier punishment and who shows symptoms of mental illness, such as a mental retardation and summons and a damage accident, and requires special education, improvement and treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. Two copies of the autopsy report, the body list (for scientific investigation personnel), the on-site inspection report, the autopsy report, and the examination and appraisal report, and the examination and assessment report on request for appraisal, respectively;

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