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(영문) 대구지방법원 상주지원 2015.09.03 2015고합35
존속살해등
Text

A defendant shall be punished by imprisonment for eight 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] Defendant and the requester for medical treatment and custody (hereinafter referred to as “defendants,” hereinafter) are the parents of the victim C (the 79 years of age), and there was lack of ability to discern things or make decisions due to mental disorder, such as physical disorder, such as having the ability to receive hospitalized treatment due to a lack of detailed disorder in the Daejeon Metropolitan City Hospital from October 29, 2014 to January 26, 2015.

The Defendant, while taking the part in the reading, recommended the victim to move to the church several times, but the victim rejected this number and made negative evaluations on the church, and was able to kill the victim on the premise that “the victim is about to kill all his family including the Defendant,” and that he was willing to kill the victim.

On June 12, 2015, the Defendant, at around 21:14, at the inside of the victim's house located in Yancheon-gun, Chungcheongnamcheon-gun, requested the victim to take a attitude that the victim would be aware of, and then, during the process of the victim's arms, the Defendant: (a) placed the victim's arms into force; (b) placed the victim's arms in force; and (c) forced the victim's resistance on his body; (d) fluored the victim's breast part by bluoring the victim's chest due to hand and blue blus, etc.; (e) caused the victim to die from the victim's fluor, i.e., e., the victim's cat and gluor, 2 through 9, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, and 8.

Accordingly, the defendant murdered the victim who is his lineal ascendant.

[Fact of the cause of medical treatment and custody] The Defendant was a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, and was punished by imprisonment without prison labor or heavier punishment as stated in the crime, and requires medical treatment at a medical treatment and custody facility, and

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. E, F.

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