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(영문) 제주지방법원 2015.06.25 2015고합23
존속살해미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

In addition, the facts leading to medical treatment and custody [criminal facts] Defendant and the requester for medical treatment and custody (hereinafter referred to as “Defendant”) are persons who lack the ability to discern things or make decisions due to the fact that they lack the ability to discern things.

On February 18, 2015, around 21:45, the Defendant listened to the call of “Apination of Apins” at the Defendant’s residence located in Seopo-si C, and took a bath of “Cpins, dead, and dead,” the Defendant carried the victim who reported the television to murdered the Victim D(57 years of age) with his father or father, and took the bath of “Cpins, dead,” and boomed the victim’s body, citing the victim’s dead body in his/her ward, and boomed the victim’s body.

The Defendant continued to go beyond the victim, and said that the Defendant was a food knife (total length of 32 cm and 20 cm) that had been in the place of the Defendant’s escape, and the Defendant had attempted to kill the victim by breaking the body of the victim’s head into several times, but the victim was hicking with the Defendant’s hume and hume, and humbing the Defendant, thereby having attempted to commit a crime by itself by having the Defendant stop.

[Facts that constitute a cause for medical treatment and custody] The Defendant requires medical treatment at a medical treatment and custody facility in light of the above circumstances of the crime and the medical records and risks of recidivism

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Seizure records;

1. Each investigation report and accompanying materials;

1. A mental appraisal report;

1. The need to treat the offender and the risk of recidivism: According to each of the above evidence, it can be acknowledged that the Defendant not only at the time of committing the crime but also at the time of committing the crime, was in the state of aggressive behavior, emotional stability, and shock, which appears to have a mental disorder as of the date of closing the argument in this case.

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