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(영문) 대전지방법원 2015.07.09 2015고합87
살인
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

The Defendant, who is one’s wife, had had symptoms of suspicion that the victim C (n, 65 years of age) had winded or had winded for another male, and the symptoms have deteriorated, and from July 5, 2014 to December 23, 2014, at the D Hospital located in the Gansung city in Gyeonggi-do, released the victim from the hospital under the name of the disease, such as net disability, etc. for six months. The Defendant, who was forced to gather his or her wife and children, had been hospitalized in the above mental hospital.

When the Defendant lacks the ability to discern things or make decisions due to a live disorder, the Defendant heard the phrase “I wish to go again to a mental hospital” from the victim while she was in a dispute with the victim, on March 3, 2015, with the words “I wish to go again to a mental hospital,” such as “I wish to go again to go again to a mental hospital,” at the inside of the Defendant’s house located in Chungcheongnam-gun E, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in the absence of the ability to discern things or make decisions.

Accordingly, the defendant thought that the victim's refusal to give notice to his children about the fact that he did not want to do so would lead to the death of the victim again in the mental hospital, and he thought that he would kill the victim.

Then, the Defendant: (a) caused the victim, etc. who was protruding back of his side and faced with the wall, etc., to die of the victim’s neck by his arms in a water way by cutting down the victim’s neck with his left hand, etc. with his hand; and (b) caused the victim to die by a breadembly pressure on the part of his side.

In this way, the defendant murdered the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. A report on internal investigation (in addition to field photographs, etc.);

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 250 (1) of the Criminal Act selecting a penalty;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

1. The scope of punishment:

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