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(영문) 광주지방법원 2019.10.25 2019고합364
존속살해
Text

A defendant shall be punished by imprisonment for ten years.

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

Reasons

Criminal facts

The grounds for medical treatment and custody and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") have been subject to mental treatment and pharmacologic treatment from December 12, 2013 to July 18, 2019.

The Defendant: (a) deemed that the victim B (the aged 72) who is a lineal ascendant with the mental disorder lacks the ability to discern things or make decisions due to the symptoms of mental disorder such as the above glock, etc., was sexually exposed to frequent telephone and urine by the law; and (b) from July 18, 2019 to July 22:5, 03:18 following the following day, the Defendant killed the victim from the defendant's house located in the G apartment in Gwangju Northern-gu Seoul Northern-gu, on the ground that the victim was unlocked and the victim was exposed to his own room. (c) The Defendant killed the victim from the victim's house at the small location of the defendant at the defendant's house located in the G apartment in Gwangju Northern-gu, Gwangju-gu, on the ground that the victim was locked, and her face, chest, clothes, clothes, spawd, and the right side of the flock, and caused the victim's death in the flock, breast, breast, and s.

[Facts causing medical treatment and custody] The defendant needs to receive medical treatment in a medical treatment and custody facility as a person who has committed a crime punishable by imprisonment without prison labor or heavier punishment against the victim while he/she lacks the ability to discern things or make decisions due to mental symptoms, such as the above depression, and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. A written examination of partial suspect against the accused by the prosecution (second time);

1. Investigation report (as against the suspect's fingers, etc.), on-site photographs;

1. Characteric photographs stored on the D's mobile phone;

1. A medical certificate (A) and a autopsy and appraisal certificate;

1. Family relation certificate:

1. Comprehensively taking into account the following circumstances acknowledged by this Court, such as a written opinion and a written notice of the result of a mental appraisal (including a written mental appraisal) [the necessity of the medical treatment at the time and the risk of re-offending], and a written mental appraisal of the preparation of a doctor E in the Medical Treatment and Custody Center, etc.

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