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(영문) 인천지방법원 2014.01.23 2013고합729
존속살해미수
Text

A defendant shall be punished by imprisonment for two years.

A seized knife shall be confiscated from the defendant.

Applicant for 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 “Defendant”) are those who lack the ability or decision-making ability to discern things due to mental disorder, such as suffering from mental fission, etc.

Around October 1, 2013, when the Defendant resided in the residence of the victim D (78 years of age) who was outside of the Defendant in Incheon, who had been living in the domicile of the Defendant in Incheon, Incheon, for medical care, the Defendant heard that the victim and the Defendant’s mother E, etc. were hospitalized in the mental hospital around October 1, 2013, and thought that he would kill the victim. On October 2, 2013, the Defendant tried to use a knife type (28cc in total length, 16cc in knife length) around 01:27, 2013, and carried the victim’s knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant attempted to kill the victim who is a lineal ascendant, but attempted to do so.

[Facts that constitute a cause for medical treatment and custody] The defendant needs to receive medical treatment at the medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. A mental health certificate and a statement of opinion of a mental hospital;

1. A report on the psychological evaluation attached to an application for coal production;

1. The need for the treatment of the instant crime, the motive or circumstance of the instant crime, the object and method of the crime, the behavior before and after the instant crime, the Defendant’s attitude on the instant crime, the age, character and conduct, environment, mental disorder, and the Defendant’s medical intent to treat the crime, and the degree of mental disorder known through the aforementioned evidence, etc. are shown in the pleadings in the instant case.

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