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(영문) 대전지방법원 서산지원 2016.09.08 2016고합39
존속살해미수
Text

A defendant shall be punished by imprisonment for two years.

It shall be confiscated one per annum of the total list of seized articles.

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal facts] The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") are foreigners of the nationality of the People's Republic of China who lack the ability to discern things or make decisions due to the fluence.

At around 10:00 on May 13, 2016, the Defendant tried to murder the victim with the back head and neck of the victim at several times at the end (the total length of 2.5cm, degree of 12.5cm, degree of 12.5cm in length) where the Defendant and the Defendant’s mother C (the age of 50) live together, 402, Seosan-si D Building 402, where the Defendant and the Defendant’s mother live together. The Defendant was aware that the victim died of the Defendant by drinking the Defendant, and attempted to kill the victim by drinking whether the victim was able to kill the Defendant. However, the victim failed to realize the intent of escape from the place.

Accordingly, the defendant tried to kill the victim, but attempted to do so.

[Facts causing a medical treatment and custody] The defendant has committed a crime as stated in the above criminal facts in a state that he/she lacks the ability to discern things or make decisions due to symptoms of mental illness, such as summons, related circumstances, damage, etc., and needs to receive medical treatment at the medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement to E by the police;

1. A 112 reported case management list, a report on the results of field identification, and a survey report on actual conditions;

1. Records of seizure and the list of seizure;

1. Records of an emergency department, opinions of medical treatment, copies of clinical records of an emergency medical center, and medical certificates;

1. Response to a request for appraisal, copy of medical records, etc.;

1. A gene appraisal report;

1. Each on-site photograph, field map, field map, condition of the scene of the case, the victim's upper part of the damaged body, the family and kitchen photographs used for the crime, the clothes taken by the defendant at the time of the crime, and the body of the victim taken by the police officer after being called out.

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