(영문) 부산지방법원 2015.4.8.선고 2014고합630 판결

A knife knife knife 19cm in length), a knife knife knife 21cm in length, a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

To the person against whom the attachment order is requested, an electronic device shall be attached for 30 years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

Reasons

Criminal facts and the facts constituting the attachment order

[Criminal Facts] On July 4, 1997, the Defendant and the person who requested an attachment order (hereinafter referred to as the "Defendant") were sentenced to medical treatment and custody for murder due to a stimulative disorder and mental disorder based on the stimulic dynamic disorder and the stimulic stimulic sa, and discharged from the military medical treatment and custody at the Public Medical Treatment and Custody Office on December 22, 200, after the termination of the medical treatment and custody.

1. homicide against the victim C. D;

On October 25, 2007, the defendant living together with the victim C (14 years of age) and E (47 years of age) who had the victim C (14 years of age) and E, and living together after marriage, but it was not good between the ordinary couple.

From February 8, 2012 to May 27, 2013, the Defendant and the victim D filed an application with the Busan Family Court for confirmation of the intention of divorce over three occasions. From February 8, 2012 to August 2014, the Defendant filed an application for confirmation of the intention of divorce with the Busan Family Court. From February 8, 2012 to August 2014, the Defendant sustained a request with the effect that “the apartment of this case (hereinafter referred to as “the apartment of this case”) under the name of the victim would cause harm to B (the Defendant) and the joint ownership of the F apartment 316 Dong 203 (hereinafter referred to as “the apartment of this case”). However, the victim rejected the request and continued to file a complaint, and around early August 2014, the Defendant died from G and the apartment of this case to B (hereinafter referred to as “the apartment of this case”) and caused the death of the victim and his family members and died to B (the child of this case).

Since August 26, 2014, from around 22:5 to around 05:45 on August 27, 2014, the Defendant had weak ability to discern things or make decisions due to the depression with mental symptoms (i) and in the state that the Defendant had weak ability to discern things or make decisions due to the depression with the victims in the apartment of this case, the Defendant was able to kill the victims by causing extreme depression between husband and wife and their family members, which have been accumulated with the victims.

Accordingly, the defendant murdered the body of the victim C, which is both children, in a knife (21cc in a knife length) which had been in the kitchen, by making the victim fnife and causing the victim's fnife's knife's death by a snife, and by making the face of the victim D, in a golf knife (91cc in length) in a living room, after taking the face of the victim D with a golf knife (19cc in a kitchen length) in a kitchen, and then resulting in the victim's death by double damage, etc.

Accordingly, the Defendant murdered the victim C and D respectively as above.

2. Inflicting a victim H;

On August 27, 2014, at least 05:46, the Defendant committed the murder crime described in the above Paragraph (1) in a state that the Defendant lacks the ability to discern things or make decisions due to the climatic disorder, and the climatic disorder with symptoms of mental disorder, and committed the murder crime in the first floor guard in the instant apartment house during escape, and the victim H (73 years old), a security guard, who was a security guard, was living in the first floor guard in the instant apartment house during escape, was faced with the victim’s h (73 years old) by hand, was tightly pushed the victim by drinking, was tightly pushed the victim into the floor, was tightly cut off the victim, and then the victim was walking the victim on the floor and walking the victim several sidess that require approximately four weeks medical treatment.

【Fact of Grounds for Attachment】

A person who commits murder as stated in paragraph (1) of the crime committed by the Defendant is deemed to pose a risk of recommitting murder in light of the details and details of the crime of this case.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the accused in each part of the trial records first and third times;

1. Statements of witnesses G and K in the second protocol of the trial;

1. Some statements made by the prosecutor's office and police officers in relation to G and K;

1. A mental appraisal statement prepared by appraiser I and J (Medical Treatment and Custody Office of the Ministry of Justice);

1. Each investigation report by the prosecutor (including the attachment of a copy of a written judgment), recording, reporting on the preparation of a record (Attachment of a record and a video CD) by the prosecutor, police officers arrested a suspect to have telephone conversations or investigation records (Attachment of a telephone CD);

1. Requests the prosecutor's office to provide telecommunications data, requests for cooperation in each investigation (request for forwarding a soldier's certificate, request for forwarding the register of motor vehicles), requests for forwarding copies, such as an application for divorce, requests for forwarding data, details of payment of basic living benefits

1. Statement of the police inspection;

1. The police seizure record and the list of seizure;

1. Each police investigation report (Attachment of a suspect's written opinion to the scene of the case, investigation (Attachment of a field photo), victim's death time against the victim's death, statement of H about the suspect's speech and attitude, statement of the suspect H about the suspect's apartment security guards' statement (Attachment of a statement of the victim H), statement of the suspect's apartment security guards' statement about the suspect's apartment security guards' statement about his behavior and attitude (Attachment of a statement of the victim H), the date and time of the crime through the confirmation of CCTV, the notification of 112 dispatch report regarding CCTV's assault, phone reply to the results of genetic appraisal, telephone call about the suspect A, the results of inquiry into the Ministry of Justice of the suspect A, the results of the suspect's personal history and mental illness occurrence, the attachment of a written complaint for the suspect's injury case, the attachment of a written statement of the suspect, the report on the result of autopsy, the attachment of the suspect's mental body and treatment attached (Attachment of a written request for autopsy examination);

1. A written examination report on each corpse, a new disease transfer report on a mentally ill person, a family relation certificate, etc., on-site photo, a response to request for appraisal, a copy of a medical record, land cadastre, a transcript of a register of real estate register, and a certificate of receipt of

【Risk of recidivism at the market and necessity of attaching an electronic tracking device】

In light of the above evidence and criminal records, and the following circumstances acknowledged by the statement of the request for attachment order, namely, ① the defendant was found to have been engaged in the crime on July 4, 1997 by using the victim M&(74 years old) at the Northern Branch of Seoul District Court, the defendant thought that the defendant would have tried to ask the defendant with bad treatment and custody because he/she was unable to discern things or make decisions due to bad treatment and custody, ② the defendant could not be found to have been exposed to the defendant's mental illness at the level of 0 days after he/she was found to have been found to have been exposed to the danger of recidivism, ② the defendant could not be found to have been exposed to the victim's mental treatment and custody at the level of 10 days after he/she was found to have been found to have been exposed to the victim's mental disorder, ③ the result of the evaluation of the victim's mental disorder at the level of 10 days after he/she was found to have been exposed to the victim's mental disorder and 17 days after he/she was found to have been sentenced to death.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250 (1) of the Criminal Code (the homicide, the choice of death penalty), Article 257 (1) of the Criminal Code (the point of injury, the choice of imprisonment)

1. Statutory mitigation;

As seen in the judgment on the assertion of the accused and the defense counsel under the below, it is reasonable to view that the defendant committed the crime of this case in a state of mental disorder with weak ability or decision-making ability to discern things due to stimulative disorder at the time of committing the crime of this case, and stimulative symptoms with mental disorder at the time of committing the crime of this case, in a state of mental disorder with weak ability to discern things or make decisions.

1. Punishment for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act (Article 50 of the Criminal Act shall not be imposed on the victim C, who has the largest sentence of punishment and punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Orders to attach an electronic tracking device;

Article 9(1)1 and the main sentence of Article 5(3) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant, at the time of the instant crime, was suffering from extreme stress on the part of the Defendant, by engaging in a day-time shift work at intervals of one week from the port of Busan, while serving 24 hours on Saturdays, due to the lack of water surface, due to the lack of water surface, and coming to an apprehension and on the network, etc. Therefore, at the time of the instant crime, the Defendant was in an insane state with the ability or decision-making ability to discern things due to a physical disorder, such as the damage, overcoming disorder, etc., and thus, the Defendant was acquitted all of the charges charged against the Defendant.

2. Determination

A. The mental disorder stipulated in Article 10 of the Criminal Act is a biological factor and needs to be determined as lacking or reduced in the ability to distinguish things due to such mental disorder other than mental disorder such as mental, mental or abnormal mental condition. Thus, even though a person with mental disability is a person with normal mental disorder at the time of committing a crime, if he/she had the ability to distinguish things or control behavior at the time of the crime, he/she cannot be deemed a mental disorder. However, in the case of a fixed mental disorder such as mental division, even if he/she seems to have the mental disorder at the time of committing a crime, it is common that he/she was unable to suppress the impulse of the crime even if he/she had the mental disorder at the time of committing the crime and the consciousness of the offender at the time of causing the crime is the same as the normal person. In such a case, there is room to regard him/her as a mental disorder as a mental disorder (see, e.g., Supreme Court Decisions 92Do1425, Aug. 18, 192; 2005Do3475).

B. In light of the aforementioned legal principles, the following circumstances acknowledged by the court’s adoption and examination of this case: (i) the Defendant was placed in the Department of Information and Communications for High School and had no special mental illness until he completed military service; (ii) the Defendant had been diagnosed from around 192 to around 193, and had been hospitalized in the N Hospital located in the East Sea; (iii) the Defendant appeared to have been able to perform an abnormal behavior, such as having been frightencing around the world, by asserting that he had been discharged from N Hospital, and having been frightencing at the end on July 4, 1997, after having been sentenced to medical treatment and custody at the Busan District Court’s branch of the 20th time of death; and (iv) the Defendant was placed in the Ministry of Health and Welfare from around 100 to around 200 after having been given treatment of the 1st day after having been admitted to the Ministry of Health and Welfare from around 200, and had been given medical treatment and treatment to the Defendant 3rd Hospital.

(7) From the beginning of August 2014, the Defendant was employed as a driver at the Busan City Hospital from the beginning of the crime with mental health without following the direction of the doctor, and the Defendant was impregnishing so that she could not properly d't d't work due to his/her primary and night shift work, and he/she was impreging so that she would have to kill himself/herself by container stuff. (8) The Defendant was drinking at the time of the crime of this case, and the Defendant was f's sound after being arrested by the police who was called for the crime of this case, and the Defendant still appeared to have been hospitalized in the process of the crime of this case with mental disorder, such as f's exposure to the police officer and f's mental disorder, and the Defendant appeared to have been exposed to an unreasonable mental disorder, such as f't have any other mental disorder, and the Defendant still suffered from the investigation process of this case, such as fl't have any other mental disorder, and it still appears that the Defendant still suffered from the investigation process.

① Considering the overall circumstances, such as various interviews, academic background, attitudes, etc. conducted in the course of the investigation into the Defendant, the Defendant’s statement to the effect that: (a) it does not reveal any symptoms that may affect recognition function because of the state of mental disorder; (b) it does not reveal any symptoms that may cause harm to recognition function; and (c) the Defendant’s crime of this case from the investigative agency to the trial; (d) there was no symptoms that the Defendant could not memory certain facts until before and after the instant crime was committed; and (e) it is difficult to believe the Defendant’s statement to the effect that the Defendant’s crime of this case itself is not memory; and (e) taking into account all the circumstances, including the content and methods of the instant crime, and the Defendant’s act before and after the instant crime, etc., the Defendant’s statement to the effect that it is difficult to believe that there was no ability to discern things or to determine mental disorder due to extreme disorder at the time of the instant crime. Therefore, the aforementioned assertion by the Defendant and the defense counsel cannot be accepted.

1. Scope of legal penalty: life imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Second offense: homicide; and

[Determination of Punishment] Type 5 homicide (Murder upon Serious Death)

[Special Sentencing] Cruel Criminal Cruel Act (aggravated factor, a person who is an act), mental or physical disability (a person who is not responsible for himself), and a person with mental or physical disability (a person with no responsibility)

[Scope of Recommendation] Abnormal Weapons (Aggravated Field)

(b) Second crime: An injury crime;

[Determination of Type] General Injury to Violence Crimes (General Injury)

【Specially Convicted Person】 A mentally ill-minded person (a person who is not responsible for himself)

[Recommendation Scope of Punishment] From two months to one year (the area of mitigation): The final sentencing range based on the majority crime processing criteria: life imprisonment: life of a person with dignity is a member of human dignity and life cannot be restored to one time; therefore, infringement of one person's life is not possible for any reason. Considering that the crime of this case was committed by the defendant after killing the victim D and the two children C respectively, and then his wife escaped, the above injury was inflicted on the victim by assaulting the victim H without any need to obtain compensation from the victim's bereaved family members for a long time more than 11 times, more than 5 times, more than 3 times, more than 4 times, more than 3 times, more than 4, more than 4, more than 1,000, more than 3,000, more than 4,000, more than 3,000, more than 1,000,000, more than 3,000, more than 3,000.

However, in full view of the following factors: (a) the Defendant committed the instant crime in a state of mental disorder; (b) the Defendant was sentenced to medical treatment and custody for murder and having been sentenced to two times as seen earlier; and (c) there are no other criminal records except for the punishment of a fine; and (d) the Defendant’s age, career, character and conduct, environment, motive and background of the instant crime; (b) the method and method of the crime; and (c) the method and consequence of the crime; and (d) the overall sentencing conditions indicated in the instant argument, including the circumstances after the crime, etc., the Defendant selected

Judges

Judges of the presiding judge;

Judges Lee Jae-in

Judges Dok-hee

Note tin

1) According to the statements of the Ministry of Justice and the Ministry of Justice’s mental diagnosis of the testimony of the testimony of the expert opinion and the J’s mental diagnosis of the defendant, the mental diagnosis of the defendant is called 'continctal senscence'.

In light of the past medical records, etc. of the Defendant, even though it was diagnosed as a â€˜competence', the above bipolartic disorder is called â€˜competence'.

Since it is deemed that it was used in the same sense as 'Bipogar', it is common sense in this section.

I would like to write in 'pet'.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제5조 제3항

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제1항 제1호