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(영문) 수원지방법원 안양지원 2017.10.20 2017고합165

존속상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

In addition, the following crimes were committed in the state that the defendant and the person in charge of care and custody (hereinafter referred to as the "defendants") committed the following crimes due to the mental delay of the police, such as low intelligence, editing tendency, the fall of impulse ability, emotional instability, the fall of judgment ability, etc.

On March 15, 2017, at the defendant's house located in Sanyang-gu C and 202, the defendant broken the victim D (67 tax) who was the father who was divingd in the room to give publicity of the noise of the following floor noise. On the ground that the occurrence of the victim was not occurred, the defendant was taken several times of the victim's inside of the house on the ground that the victim's inside of the house was not occurred, and the victim suffered an injury, such as the blood transfusion, etc., of the victim, which is the victim, by walking the inside of the victim at several times, which requires approximately eight weeks of treatment.

[Facts of the grounds for filing a request for medical care and custody] The Defendant is a mentally and physically disabled person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, who has committed a crime corresponding to imprisonment without prison labor or heavier punishment, needs to be treated at the facilities for medical care and custody,

Summary of Evidence

1. Partial statement of the defendant;

1. Each description of an investigation report (Preparation of a police officer in mobilization), investigation report (referring to the discovery of a victim), investigation report (referring to the opinion of a hospital with only the victim's status), investigation report (referring to the record of hospitalization of a medical clinic with the E mental health doctor), investigation report (referring to the statement of a medical doctor with the F mental health doctor's opinion), investigation report (referring to the victim's medical treatment and diagnosis report), investigation report (referring to the victim's status), investigation report (referring to the victim's health condition and the confirmation of the victim's progress);

1. On-site photographs, suspect certificates of persons with disabilities, family relation certificates, etc., and descriptions and images of the medical certificate;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The evidence duly adopted and examined by this Court shall be as follows: