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(영문) 의정부지방법원 2013.06.14 2012고합762
존속살해미수
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Criminal facts

The facts of the cause of medical treatment and custody and the cause of the attachment order [the facts of the crime and the cause of the medical treatment and custody] from the time when the defendant and the person subject to a request for attachment order and the person subject to a request for medical treatment and custody (hereinafter referred to as the "defendants") have an unfortuous appraisal of the victim under friendly and mental treatment and custody from the time when she turns together with children of C(51) who are lineal ascendants and assault them.

While the Defendant lacks the ability to discern things or make decisions due to emotional distress, at around 21:50 on November 15, 2012, the Defendant tried to murder the part of the victim’s left head knife in the Defendant’s house located in Dongducheon-si 202 on the ground that the victim was seated without cutting down money to the Defendant, and only her computer. In doing so, he should have died at the time she did so. When she did so, the Defendant reported her damage to the Defendant by putting him on his hand a knife (17cm on a day, 29cm in total length) which was in the kitchen, while the Defendant’s mother has broken down, the Defendant tried to kill the victim’s body and her knife two times with his desire to kill the victim, but the victim did not have to complete the treatment and custody to the extent that the sum of the risk of the victim’s injuries to the victim is necessary to the extent of 10cm in length and the bones of the victim’s body.

[Fact that constitutes a cause for attachment order] The Defendant is likely to recommit murder as a person who committed a murder as stated in the facts constituting a crime.

Summary of Evidence

[2012Gohap762]

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E and C;

1. Seizure records;

1. A mental appraisal report;

1. Copy of resident registration;

1. All on-site photographs;

1. Each investigation report general, and with respect to the injured party's wife, a medical certificate of the treatment of the accused.

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