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(영문) 대구지방법원 2020.11.27 2020고합294
존속상해치사등
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Criminal facts

In addition, the facts constituting the grounds for a request for medical treatment and custody [criminal facts] Defendant and the requester for medical treatment and custody (hereinafter referred to as “Defendant”) are those who have the weak ability to discern things or make decisions due to the illness, etc.

Since it is recognized that the defendant was in a state of mental disorder at the time of the instant case, this part is added to the criminal facts ex officio.

The defendant and the victim B(n, 87) are mother and child relationships.

On April 25, 2020, the Defendant: (a) around 09:00 on April 25, 2020, at the Defendant’s residence located in Ulsan-gun, Ulsan-gun; (b) on the ground that the victim was not able to boomed; (c) caused the victim’s head, body, leg, etc. to become a foundation for the formation of a defense force; and (d) caused the victim’s injury, such as undermining the number of treatment days of treatment, and undermining the pelvis by taking several steps, such as the head, body, leg, etc. on the floor; and (e) caused the victim’s death due to satisf, around 04:50 on July 3, 2020 during the treatment at the Emedical Foundation F Hospital located in Seo-gu, Seoan-gu,

[Facts that cause a request for medical treatment and custody] The Defendant needs to receive medical treatment at a medical treatment and custody facility due to high risk of recidivism, as stated above, with a lack of ability to discern things or make decisions due to mental or physical disorder at the time of committing the crime due to mental or physical disorder such as a early illness.

Summary of Evidence

[Judgment of the court below] In light of the Defendant’s medical history, details and details of the crime, etc., which can be revealed by the records, the Defendant can be recognized as having lacking the ability to discern things or make decisions due to mental disorders at the time of the crime in this case.

【Criminal Facts in the Market】

1. Each police statement concerning B and G;

1. A report on the occurrence of a crime (injury to a lineal ascendant), a report on internal investigation (as to the matters presumed to have been established and managed for a crime), and a report on investigation (as to the results of request for electronic identification (including attached materials);

1. Judgment on site photographs, etc., diagnostic notes, and images of the upper part of the body.

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