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(영문) 제주지방법원 2016.05.12 2015고합189
살인미수등
Text

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

A seized knife (No. 1) shall be confiscated.

A medical care and custody applicant.

Reasons

Criminal facts

The Defendant committed the following crimes under the state that mental symptoms, such as symptoms arising from the symptoms dependent on alcohol use, diseases with mental disorder caused by alcohol, and net and exchangeing caused by chronic clothes of alcohol, and deterioration of the real judgment ability, etc., lack the ability to discern things and make decisions.

1. On December 12, 2015, the Defendant and the person holding the custody custody for the victim C (hereinafter “Defendant”) display a food knife (30 cm in total length, 18 cm in length) that is a dangerous object under the influence of alcohol while searching for the victim C (V, 70 years old)’s residence around 13:00 on December 13:0, 2015, and display the victim’s knife knife (18 cm in length, knife).

The phrase “the deceased and the deceased...........”

The Defendant continuously sealed the string door door which was closed by using the above knife, teared the window shock network, opened the kitchen window, and cut the string door by breaking the string, and broken up two chemical parts in the stairs by hand.

Accordingly, the defendant, carrying dangerous things, threatened the victim, and damaged the property in the aggregate of 5.80,00 won owned by the victim.

2. The Defendant: (a) discovered the victim E (51) who was cleaning at the front of the residence of the said victim C at around the same time as paragraph (1); (b) tried to set the part of the victim’s distribution in a knife knife that was in possession of a knife with no justifiable reason; (c) however, the police officer who was dispatched upon receipt of a report for the same reason as Paragraph (1) was attempted to restrain the Defendant.

The Defendant is a patient with mental disorder caused by symptoms of dependence on alcohol use, alcohol, and the symptoms of mental disorder, such as the net, exchange, and degradation of the ability to determine the reality, which arise from the chronic clothes of alcohol at the time of the instant crime, was in a state which lacks the ability and decision making ability to distinguish things due to the symptoms of mental disorder, and in the event of drinking again, the above increase of alcohol.

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