logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2015.02.06 2014고합44
살인
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

A stone with a seized stone shall be confiscated (No. 1).

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts leading up to the medical treatment and custody and the attachment order [the facts of crime] The defendant and the requester for medical treatment and custody and the attachment order (hereinafter referred to as the "defendants") have been hospitalized in the National Busan Hospital due to the efficiologic certificate from May 7, 2012 to May 3, 2013, from May 7, 2013 to February 10, 2014, and the victim C (the 70 years old) who lives in adjoining areas had the disease called "ma". As such, while such thoughts have deteriorated, he tried to kill the victim.

On October 26, 2014, at around 10:20, the Defendant found the victim's walk on the road in front of the defendant's house located in Gyeongnam-gun, Chungcheongnam-gun, that it lacks the ability to discern things or make decisions due to mental fission, etc., and found the victim's walk on the road in front of the defendant's house located in the front of the defendant's house in Gyeongnam-gun, and added a stone (in diameter of 18cm and weight of 2.3km), which is a dangerous object in the defendant's house, and caused the female to go beyond the ground floor by putting the head part of the female's house on one occasion, and caused the victim to die due to the suspension of brain function by putting three parts of the head part of the victim's house going beyond the ground.

Accordingly, the Defendant murdered the victim.

[Fact of the cause of medical treatment and custody] The Defendant was a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, and was punished by imprisonment without prison labor or heavier punishment as stated in the crime, and requires medical treatment at a medical treatment and custody facility, and

[Judgment of the court below] The Defendant committed murder as stated in the above facts of the crime and thereby, is likely to recommit murder crimes.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (CCTV photograph analysis and accompanying pictures);

1. Each report on internal investigation (the attachment of photographs, the attachment of dactylgraphs);

1. A death diagnosis report and a written autopsy and appraisal report;

1. Necessity of treatment as indicated in the judgment, risk of recidivism, risk of recidivism, and risk of recidivism:

arrow