2015 Gohap173 Murder

2015 or 6 (Joint Medical Treatment and Custody)

2015, 16 (Joint Attachment Orders)

Persons subject to medical treatment and custody and persons subject to attachment order;

A person shall be appointed.

Lee Jong-hee (Court Prosecution) (Court of Justice) and Kim Chang-hee (Court of Justice)

Attorney (at Law Firm National Assembly)

July 10, 2015

A defendant shall be punished by imprisonment for four years.

Jackack Rof (No. 1) seized shall be confiscated.

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

A person who has requested an attachment order shall be ordered to attach an electronic tracking device for 20 years, and matters to be observed in the attached Form shall be imposed during the period of attachment.

Criminal facts, medical treatment and custody, and attachment order

【Criminal Power】

Defendant and a person subject to medical treatment and custody and a person subject to a request for attachment order (hereinafter referred to as “Defendant”) shall be 205.

3.8. In the vicinity of the Chinese roadside, there is a record of being sentenced to 12 years of imprisonment in China for a crime of killing another person's left knife, right knife, knife, knife, etc.

[Criminal Facts]

The defendant suffered from a mental disorder, such as mental disorder (in the absence of abnormal mental disorder, brain disorder that may cause disorder to various aspects of personality, such as accident, impulse, scopia, scopia, and behavior). The defendant suffered from a mental disorder and has weak ability to distinguish things or make decisions. Since March 2015, the defendant received a mental therapy in the ○○ mental department located in Ansan-si, a member of Ansan-si from March 2015.

On April 11, 2015: 22: 43 around 43, the Defendant: (a) reported the victim C coming from the front line in front of the Bapo-dong 3, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 2015, and without any reason, kniff (the total length of 24cm, 11cm in length, 11cm in number) on the part of the Defendant, and knife the victim’s chest toward the chest part of the Defendant, and knife the victim’s knife in order to prevent the Defendant by knife the defective part of the victim’s left part of the building in the direction that the knife knife knife knifs down and knife knife knif with its head, and then knife it with its head, but the victim did not have attempted to kill the victim into the neighboring building.

【Facts of Grounds for Medical Treatment and Custody and Attachment Orders】

The defendant is a person who has committed murder in the state of lack of awareness of the on-site illness, who needs to be treated at a medical treatment and custody facility, and who is highly likely to recommit the murder by leading military register accidents, and is in danger of recidivism.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 254 and 250(1) of the Criminal Act

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2 (1) 1 of the Medical Treatment and Custody Act

1. Orders to attach an electronic tracking device;

1. Reasons for the sentencing of Articles 9(1)1 and 5(3) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders;

[Determination of Type] homicide, Type 3 (Crime of homicide)

【Special Escopic Person】 Mentally Disscopic Person who is not a principal’s responsibility

[Scope of Recommendation] Three to Ten years of imprisonment [1/3, the maximum (16 years), 2/3, each reduction to 2/3] from April to August 10.

2. The offense of this case where the sentence of punishment was rendered by the Defendant, who was sentenced to murder in China, was sentenced to punishment for the murder in China, and the offense of this case is frighten in light of the nature and method of the offense. Furthermore, it is inevitable to punish the Defendant for a considerable period of time in that the Defendant again committed the same offense only six months after release, and the Defendant was punished for the Defendant with considerable physical and mental pain.

However, considering the favorable circumstances, such as the fact that an attempted crime committed in the state of early wound, the degree of injury of the victim, the fact that the family members of the defendant have made efforts to treat the sternal disease together, and the appeal of the defendant against the defendant, and taking into account other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, relationship with the victim, circumstances before and after the crime, etc., the sentence identical to the order shall be determined within the scope of the recommended sentencing guidelines, in consideration of various circumstances shown in the records and arguments.

Judges by the presiding judge;

Judges Dogman

Judges Song Jae-chul