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(영문) 인천지방법원 2016.11.10 2016고합421
존속살해
Text

A defendant shall be punished by imprisonment for seven years.

A seized kitchen (Seizure No. 1) shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody [criminal facts] The defendant and the requester for a medical treatment and custody and the requester for an attachment order or a request for a probation order (hereinafter referred to as "defendant") are persons with disabilities of class 2 of mental disorder suffering from a mental disorder, who lack the ability to discern things or make decisions.

On June 8, 2016, at least 19:50, the Defendant listened to the call of the mother of the Defendant, “Aber land,” which is a father, at the Defendant’s residence of Gyeyang-gu Incheon Gyeyang-gu 8 Dong 202, and died of the victim D (80 years of age), which is his father, by gathering the kitchen (32 cm in total length, 20 cm in length, 20 cm in length) in the kitchen. On the part of the victim, the Defendant took up the kitchen in the kitchen and 19:50, and made the victim die of the victim’s left side of the television one time with the kitchen knife and the knife and the knife.

After all, the defendant murdered the victim who is a lineal ascendant.

[Facts that cause of medical treatment and custody] When the defendant lacks the ability to discern things or make decisions due to a mental disorder, he/she has committed a crime corresponding to imprisonment without prison labor or heavier punishment and needs to receive medical treatment at the medical treatment and custody facility due to the risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. E prosecutorial statement;

1. Each police statement to F and E;

1. Records of seizure and the list of seizure;

1. Death diagnosis reports, on-site identification reports, results of autopsy, autopsy appraisal reports, and replys to the results of genetic appraisal;

1. Certified copy or abstract of resident registration record cards and family relation certificates;

1. Bridges, kitchens, and field photographs, field photographs, and photographs of changeers used in committing a crime;

1. Investigative reports (Investigation, such as suspect's disability diagnosis reports), welfare cards for persons with disabilities, hospitalization certificates, and medical records;

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