208Gohap 259 Murder

208 high-ranking7 Medical Treatment and Custody

A

X

Attorneys Y (Korean National Assembly)

July 25, 2008

A defendant shall be punished by imprisonment with prison labor for not less than ten years. The number of days of detention prior to the pronouncement of this judgment shall be included in the above punishment. The seized kitchen, one kitchen (No. 1) shall be confiscated.

A person who requests custody shall be punished by medical treatment and custody.

Criminal facts and reasons for custody

The defendant and the respondent (hereinafter referred to as the "defendant") shown a violent and aggressive tendency when they were hospitalized in the mental hospital from October 200 to April 13, 2005, from around 2-3 months around that time, from December 9, 2004 to April 24, 2006, from October 9, 2006 to February 23, 2007, who had been hospitalized in the mental hospital and received treatment due to stimulative disorder and failed to eating drugs properly.

From the end of 207, the Defendant tried to sleep up about 18-20 hours a day, and did not work normally as well as 7-8 times a day, and did not go outside. The Defendant’s father, who was his father, demanded the Defendant to take a proper way to drink and raise the above abnormal life, but the Defendant did not hear the victim’s words, such as her knife and her knife that the victim would be frightd, and that the victim would be frightened at the victim’s house at around 11, 2008, and that the victim would have been frightened at the victim’s room, and that the victim would have been frightened at the victim’s house at around 1, 2008, and that the victim would have been frightened at the victim’s bar without being able to take a normal life from the Defendant, and that the victim would have been frighted at the victim’s 1 week after being hospitalized.

Summary of Evidence

Omission

Application of Statutes

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

Article 250(2) of the Criminal Act (Options of Arms)

1. Mitigation of mental disorders;

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

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Judgment on the assertion of counsel under Article 2 (1) 1 of the Medical Treatment and Custody Act

The defense counsel asserts that the defendant was in the state of mental disorder due to the physical disorder at the time of committing the crime of this case, and therefore, the following circumstances acknowledged by each of the above evidence, namely, ① the doctor C of the Medical Treatment and Custody Center at the Ministry of Justice, who conducted the mental diagnosis of the defendant, appears to have committed a crime under the state of mental disorder whose capacity to discern things or make decisions was reduced at the time of committing the crime due to the 's sulve disorder'. ② The defendant is memory to a considerable extent at the time of committing the crime of this case, ② himself was in the state of mental disorder at the time of committing the crime

In light of the circumstances indicated in the records, such as the circumstances and methods, the contents of the crime, and the defendant's behavior before and after the crime in this case, it is recognized that the defendant was in a state of mental disorder at the time of the crime in this case, but it does not seem that the defendant lost the ability to discern things or make decisions, and therefore, the above assertion by the defense counsel is not acceptable.

1. The reason for sentencing 1. The crime of this case was committed by the Defendant on the ground that the victim, his father, was fluored and fluored, killed the victim's knife by knife on the ground that the victim, his father, was fluor. The crime of this case is committed significantly against humanity, and the method and method of the crime are harsh, and the victim's death is severe, and the crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's mental and physical illness began from high school graduation, and its main symptoms is sufficient after the defendant's death.

3. Taking into account all the conditions of sentencing, such as the Defendant’s age, character and conduct, home environment, motive, means, and consequence of the instant crime, the Defendant shall be sentenced to medical treatment and custody in order to determine the Defendant’s punishment as ordered within the scope of the statutory mitigation due to mental and physical disability, and at the same time, to treat the disease at issue.

Chief Judge, Senior Judge and Senior Judge

Judges Kim Gin-ok

Judge No. Doingk