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(영문) 서울서부지방법원 2013.07.25 2013고합129
살인미수
Text

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

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 19, 2010, the defendant and the requester for medical treatment and custody and the requester for medical treatment and custody and the requester for an attachment order (hereinafter referred to as "defendant") have been subject to a disposition of suspension of indictment for the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and a total of four times of suspension of indictment for the same crime. On November 25, 201, the Seoul Western District Court issued a summary order of KRW 300,000 as a crime of assault at the Seocheon Branch of the Incheon Western District Court, and on November 2, 201, issued a summary order of KRW 1,50,000 as a fine for the crime of assault, etc. at the Incheon Seocheon Branch of the District Court on November 2, 2011.

【Criminal Facts】

On May 3, 2013, the Defendant went out of the house with a mental division (class 2) of May 3, 2013, when she was suffering from the damage network that “any female continues to go with her will,” and when she lacks the ability to discern things or make decisions, the Defendant went out of the house with his mind to kill the female (Article 11Cm, 12Cm, No. 1).

At around 20:00 on the same day, the Defendant discovered the victim E (n, 68 years of age) who was on the way before the DNA in Eunpyeong-gu Seoul, and followed the victim, tried to murder the victim of the above over-road with a knife once, but the knife unbs off the knife, and thereby led the victim to the distribution of the right-hand part of the right-hand part that requires treatment for about 4 weeks.

[The facts of the cause of medical treatment and custody and the cause of filing a request for an attachment order] The Defendant, at a F Hospital on February 23, 201, undergo a diagnosis of Grade II mental disorders with a mental disorder, and thereby commits the crime of murder as indicated in the judgment in the crime in the absence of damage network, needs to receive medical treatment at the medical treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer G in the police preparation and the E in the police preparation.

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