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

For the defendant.

On October 14, 2015, the Defendant and the person who filed for the medical care and custody (hereinafter “Defendant”) were sentenced to one year of imprisonment with prison labor for the crime of injury at the Busan District Court on August 17, 2016, and completed the execution of the above punishment in the smuggling detention center on August 17, 2016.

[Criminal facts] The Defendant committed each of the following crimes under the state that he lacks the ability to discern things or make decisions due to his own illness:

1. On April 13, 2017, the Defendant, at around 18:25, committed an indecent act by force, on the part of “E” points in the part of “E” in the part of the victim D (the 54 years old), located in Busan B, the Defendant: (a) ordered an alcoholic beverage to sit together in the part of the victim while drinking alcohol; and (b) forced the victim to commit an indecent act by force by driving on the part of the victim’s chest on one occasion.

2. The Defendant, at the same time and place of assault, abused the victim’s head, knife the victim’s head, knife the victim’s head, and knife the victim’s head, knife the victim’s body, and assaulted the victim by walking the victim’s head and body knife from the above main point to the point of view.

[Fact that constitutes a claim for medical care and custody] In a state that the Defendant lacks the ability to discern things or make decisions due to illness, the Defendant committed a crime corresponding to imprisonment without prison labor or heavier punishment, and needs to receive medical treatment at the medical care and custody facility, and there is a risk of recidivism.

Summary of Evidence

1. Statement made by the police victims against D;

1. Investigation report (related to attachment of damaged photographs), investigation report (related to the search for and investigation of witnesses around the site), investigation report (related to the reproduction of violence images recorded in CCTVs);

1. CCTV files;

1. Previous conviction in judgment: A written inquiry about criminal history and reply;

1. The necessity of the treatment as indicated in the judgment and the risk of recidivism: The above evidence and the notification of the results of the evaluation of the spirit of the head of the National Legal Hospital in the Public Medical Care and Custody Center shall be recorded.