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(영문) 대전지방법원 논산지원 2013.03.13 2012고합89
살인미수
Text

A defendant shall be punished by imprisonment for one year.

Seized knife (No. 1) shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Punishment of the crime

From November 15, 2010 to November 14, 2011, the Defendant served as a police assigned for special guard at the C branch in Ansan-si, but was dismissed on the ground that he assaulted the workplace rent during his service, and thereafter, the victim D (year 51) who was the head of the branch office in several times of reinstatement was requested by the Defendant, but once again, the Defendant was rejected.

While the Defendant lacks the ability to discern things or make decisions with a mental divided disease, the Defendant entered the above C Branch Office room around October 23, 2012, the Defendant: (a) opened the victim’s left shouldered by telephone from the table table; and (b) opened the knife of the victim’s left shouldered by hand; and (c) then, the victim saw the victim’s knife (No. 1, total length 20cm, 10cm in length, and 10cm in knife length) prepared in advance from the right knife, and tried to kill the victim so long as it was difficult to do so; (d) however, the victim knife the victim’s left part of the victim’s knife and knife the victim’s knife, and the victim knifeed on his knife the victim’s knife, and tried to do so between 1 month, 8 meters in depth and mal wave.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

The Defendant, who caused the medical treatment and custody, continuously appeared on the basis of his/her network, sense, disability of accident, disorder of behavior, etc., and committed the instant crime under the circumstance of a mental fission who is a disease that causes disorder to personality and social and professional functions, and the risk of recidivism cannot be ruled out unless proper treatment and supervision are given at the medical treatment and custody facility. Therefore, the Defendant needs to receive medical treatment at the medical treatment and custody facility.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The defendant's interrogation protocol of some prosecutor's office 1.

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