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A defendant shall be punished by imprisonment for five years.
A person who applies for a medical care and custody shall be punished.
Reasons
Criminal facts
Defendant
In addition, under the lack of the ability or decision-making capacity to discern things due to the level of intellectual disability of the third degree, the person who was subject to medical care and custody (hereinafter “defendants”) is a person with deaf-mutes, who works together at the workplace of the victim G(71) and H(hereinafter “H”) of H(hereinafter “H”).
On September 29, 2016, the Defendant: (a) at H’s workplace located in Yasan City I on September 13:36, 2016; (b) was engaged in processing by using a cream for processing (25 cm in total length, 13 cm in blade) using a cream on the cream on the clock on the clock on the part of the Defendant, while the Defendant was engaged in processing by separating the clock on the part.
The defendant, who is working in the process, was able to write down the behavior that the defendant seems to be able to see by "the suppression, detention", sound and fireing, and the defendant was able to die by hand, while recognizing the fact that the victim could die, the victim was able to unfold the chest of the victim's chest so that the knife for processing work is applied on the chest of the victim.
Accordingly, the Defendant killed the victim from the emergency room of the Mine University Hospital at around 15:00 of the same day by causing the victim to die from a low-blood shock show caused by a chest father's window at around 460 Won-si.
As stated in its reasoning, the Defendant has committed the same crime as the criminal facts indicated in the judgment that constitutes imprisonment without prison labor or heavier punishment when he/she lacks the ability to discern things or make decisions, and needs to receive treatment at the treatment and custody facilities, and there is a risk of recidivism.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Each police statement concerning J, K, L, and M;
1. A list of seizure (35,62 pages of investigation records), and a list of seizure (61 pages of investigation records);
1. On-site report (the site of this case and the knife photograph used by the person suspected of being exposed), internal investigation report (the resume of the suspected person and the victim and the copy of a certificate of disabled person), internal investigation report (related to on-site CCTV confirmation and CD storage), and internal investigation report;