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(영문) 대전지방법원 2017.02.14 2016고합375
존속살해등
Text

A defendant shall be punished by imprisonment for four years.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

【Criminal Facts】

1. From August 11, 2016 to August 12, 2016, the Defendant and the beneficiary for the medical care and custody (hereinafter “Defendant”) used twice by melting the paper attached to the Defendant’s violation of the Narcotics Control Act (SD, Lysergic Acids deaththylaides) in the guest room located within the lake located within the Seo-gu “Fel” located in Daejeon-gu, Seo-gu, Daejeon, for a time-free period from August 11, 2016 to August 12, 2016.

2. In a state that the Defendant, upon the above use of LSD, lacks the ability to discern things or make decisions due to acute addiction, etc., the Defendant killed the victim H (V, 60 years of age) who was born in his/her ward on August 21, 2016, when he/she was absent from the network that the victim H (V, 60 years of age) was hiding what he/she is in his/her clothes from the ward 1103 of Daejeon Seo-gu Daejeon G apartment 1103 on August 21, 2016, caused the Defendant to die of the kitchen knife (the total length of 34 cm, 23 cm) with the right light, the right side glass, etc. of the kitchen knife, and caused the knife victim I (M, 56 years of age) who was verbally to die with the knife.

3. While the Defendant continued to lack the ability to discern things or make decisions as above, the Defendant obstructed the police officer’s legitimate execution of duties regarding the arrest of flagrant offenders by assaulting the Defendant, such as the defect that the slope K, who called out after receiving a report under the above G apartment No. 1103 on August 21, 2016, attempted to arrest the Defendant, the sloping K, the sloping part of the sloping part, and the sloping part of the sloping bridge.

[Judgment of the court below] The Defendant, while lacking the ability to discern things or make decisions, committed a crime corresponding to imprisonment without prison labor or any heavier punishment, as stated in Articles 2 and 3 of the above criminal facts, needs to be treated at the treatment and custody facilities, and there is a risk of recidivism.

Summary of Evidence

1. The defendant's partial statement in court;

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