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(영문) 수원지방법원 2020.05.08 2020고합85
존속살해
Text

A defendant shall be punished by imprisonment for ten years.

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

The attachment order of this case.

Reasons

Criminal facts

The contents were partly revised to the extent that it does not interfere with the exercise of the right of defense of the defendant and the applicant for medical treatment and custody.

【Criminal Facts】

Defendant

In addition, the applicant for medical treatment and custody (hereinafter referred to as the "defendant") thought that the victim B (the 74 years of age) who is the maternal victim was suffering due to economic difficulties and combustibility between husband and wife, and that the victim was killed to less the suffering.

On December 30, 2019, the Defendant: (a) around 17:44, the 7th floor of the convenience of the victim; (b) provided a warning to the victim; and (c) made the victim sit on the rail of the above building; (d) cut down the victim’s bridge by hand and pushed it down on the floor; and (e) caused the victim to die from multiple, long-term damage on the floor.

Accordingly, the defendant murdered his lineal ascendant.

[Facts that constitute a cause of medical treatment and custody] A person who commits a crime of continuing to exist in a judgment that constitutes imprisonment without prison labor or heavier punishment under the circumstance that the defendant has a weak ability to discern things or make decisions due to a on-site illness, needs to receive medical treatment at a

Summary of Evidence

1. Defendant's legal statement;

1. A written autopsy report, a report on the results of investigation of a deceased person, and a written autopsy and appraisal report;

1. On-site CCTV photographs, actual condition survey reports, and video analysis reports;

1. Family relation certificate and a certified copy of the removed register;

1. A certificate of a mental appraisal report, a preliminary investigation report, a statement of psychological assessment, and a copy of a medical record;

1. Investigation report (such as confirmation of the details of medical treatment - accompanying materials);

1. In full view of the following circumstances, such as mental and physical disability, necessity of medical treatment and custody, and risk of recidivism, the Defendant was in a state of mental disability at the time of committing the instant crime, need to receive medical treatment at the medical treatment and custody facility, and the risk of recidivism is recognized.

(1) The defendant.

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