2014Gohap127 Murder, Attempted homicide and Medical Treatment and Custody

2014 High 10 (Joint Medical Treatment and Custody)

A. Agriculture

Gyeong-won, leapion (prosecutions, public trial)

Attorney Cho Il-il (Korean)

October 20, 2014

A defendant shall be punished by imprisonment for one year.

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

Criminal facts and facts constituting grounds for request for medical treatment and custody

[Criminal Facts] The defendant and the claimant for medical treatment and custody (hereinafter referred to as the "defendant") intend to kill the victim on one occasion with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

The Defendant committed the above crime under the state that he/she has no ability to discern things or make decisions due to a efluence from a efficial disorder, and is in need of mental therapy at the medical treatment and custody facility for the mental disorder, and is highly likely to commit any wrong act due to the damage network and unstable circumstances.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Some statements of the police officers and the suspect interrogation protocol of each prosecution against the accused;

1. Statement made by the police with regard to F and D;

1. Each protocol of seizure and the list of seizure;

1. On-site photographs and blade photographs;

1. A survey report on the actual condition and photographs of the on-site actual condition;

1. Each investigation report (including attached documents);

1. Mental health and physical disability, necessity of treatment, and risk of recidivism: The following circumstances acknowledged by the statement of mental diagnosis in preparation of a mental diagnosis report of a medical treatment and custody center and the evidence mentioned above, namely, the defendant has been hospitalized and treated as a medical treatment and custody center multiple times, and even according to the above mental diagnosis report, the defendant has been diagnosed as having mental illness with the above contents, and there is a need for treatment in the future, and the defendant has been judged as having been suspended several times in the past, and there have been symptoms of the above mental illness in the past. The crime of this case also suspended the use of drugs, and the crime of this case appears to have been highly dangerous at the time of recidivism. The victim, who is the husband of the defendant, appears to have no intention to treat, protect, or supervise the victim, and the environment in which the victim could continue to receive medical treatment under other protective conditions of his family has not been prepared, and considering the motive and circumstances of the defendant's act before and after the crime of this case, the mental health and physical disorder of this case, as well as the motive of each of this case.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Medical treatment and custody;

Judgment on the assertion of the accused and the defense counsel under Article 2(1)1 of the Medical Treatment and Custody Act, Article 10(2) of the Criminal Act

1. Summary of the assertion

The defendant was aware of the victim's face side in order to care for mathing the victim with math, and did not intend to kill the victim at the time of committing the crime.

2. Determination

The intent of murder is not necessarily recognized as a purpose of murder or a planned intention of murder. It is sufficient to recognize or anticipate the possibility or risk of causing another person's death due to one's own act, and its recognition or prediction is not only conclusive but also a so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder or assault at the time of committing the crime, and that there was only the criminal intent of murder or assault, whether the defendant was the criminal intent of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type and use of the prepared deadly weapon, the part and repetition of the attack, and the possibility of causing the death (see, e.g., Supreme Court Decisions 201Do6425, Feb. 8, 2002; 2006Do7344, Apr. 14, 2006; 2008Do2689, Feb. 269, 2006>

The following circumstances acknowledged by the evidence, i.e., ① the defendant's knife used as a tool for the crime of this case, is a dangerous object that may cause harm to human life; ② the victim's knife knife is one of the most important parts of the body; and the victim suffered a heat of 4-5cm above the knife, 7cm above the knife, and the knife was 8cm above the knife, but all of the knife was damaged to the knife (the knife was damaged to the knife). ③ The defendant first knife the knife after the knife was cut, the defendant did not know the victim as the victim, and ④ the defendant was aware of the knife's knife's knife's knife's knife's knife's knife's k.

1. Application of the sentencing criteria;

[Determination of Punishment] Type 1 (Murder Murder)

【Special Maternist】 A mentally ill-minded person (no one shall be responsible for the person in question)

[Recommendation and Scope of Recommendations] Reduction Area, one year to three years;

2. Determination of sentence: One year of imprisonment, and one year of medical treatment and custody in the crime of this case, attempted to kill the victim's face, who is the husband of the defendant being diving, in a knife, and attempted to murder the victim's face. The victim suffered several openings on the face of the victim due to the crime of this case, and was serious, and the defendant did not receive the victim's letter, etc., are disadvantageous to the defendant.

On the other hand, even if they are happy, there is no significant risk to the life of the victim, and the defendant committed the crime of this case in a state of mental disorder due to the Maternity and Maternity disease, and the defendant is the first offender with no criminal power, etc. favorable to the defendant.

In each of the above circumstances, the sentence shall be determined as ordered in consideration of all the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; (b) the conditions of sentencing specified in the instant pleadings, including the circumstances after the crime; and (c) the scope of the recommended sentencing guidelines; and (d)

Jurors verdict and Sentencing Opinion

○ Opinions on the guilty or not guilty (the homicide's criminal intent)

7. Opinions of guilt of only seven jurors

○ Opinions on the issue of mental illness

- An opinion of mental suffering from a mental disorder with seven jurors

Opinions on medical treatment and custody

- Opinions of 7 jurors to refer to the full-time jury

○ Opinions on the sentencing

One year and six months (one person), one year of imprisonment (four persons), eight months of imprisonment (one person), and one person of suspended execution (one person).

The presiding judge, judge and senior citizens;

Judges Cho Jong-soo

Judges Yellow Jin-jin