Violence

2017 high-ranking 2(combined) Medical Treatment and Custody

excessive one sheet (No. 1), excessive blades (No. 5) that has been seized, shall be confiscated, respectively.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

【Criminal Facts】

The defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendants") entered the Department of Law of the 20th and the second half of the 20th National University, which was the second half of the Gun, and had prepared for the judicial examination and received literature while attending the Department of Law (hereinafter referred to as 0th and second half of the 20th National University). However, even though they passed the first examination of the judicial examination, they had been living with small-scale economic support by getting a part of daily life and a part of the public announcement without any particular fulfillment, while they had been living with small-scale economic support, such as the part of the public announcement prior to the announcement and door group, etc., so they had been living in a old age since September 2015 and had a small-scale type of punishment without the consent of the defendant's novels written, and had not paid the income of 7 trillion or eight trillion won to the defendant.

1. Violation of the Forest Protection Act;

(a) Crimes committed on March 10, 2017;

The Defendant had weak ability or decision-making ability to discern things due to the depression, which shows symptoms, such as the damage network, over-to-face, fluoral, non-realistic accident, limited emotional failure, reality judgment disorder, lack of pathology, etc., on the ground that at around 09:48 March 10, 2017, the public officials of the office in the Gwanak-gu Seoul Special Metropolitan City of Pyeongtaek-gu requested the Defendant who installed and lives with vinyl 250 meters in the Seoul Special Metropolitan City on the ground that at least 330 square meters in the forest owned by D Co., Ltd., the Defendant moved to a tent by using a single-use drama to remove from time to time.

Accordingly, the defendant committed a fire to another person's forest.

(b) The crime of April 5, 2017;

Around 02:30 on April 5, 2017, when the Defendant lacks the ability to distinguish things or make decisions as mentioned in the preceding paragraph, the Defendant moved to approximately 3,000 meters of the forest land owned by D by the Defendant, by setting fire to household garbage, on the ground that public officials, such as the preceding paragraph, around the Gwanak-gu Seoul Special Metropolitan City E-ro, demanded from the Defendant who installed and lives in a vinyl tent at any time.

Accordingly, the defendant committed a fire to another person's forest.

2. Violence;

Around April 7, 2017, when the Defendant lacks the ability to distinguish things or make decisions as referred to in the preceding paragraph, the Defendant assaulted the victim by taking two parts of the victim’s head and one part of the arms and arms at the exit of GJ No. 4 located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, about April 7, 2017.

3. Attempted murder;

When the Defendant lacks the ability to distinguish things or make decisions as mentioned in the preceding paragraph, the Defendant thought that, around April 17, 2017, at around 17:40, the place described in paragraph (2), and around 40, the victim I (the victim I (the age of 40) who observed the crime referred to in paragraph (2) was unable to kill the victim by using a deadly weapon to control the above victim who committed the crime referred to in paragraph (2). While the Defendant tried to kill the victim with the knife, such as the body and body of the victim, the knife in possession of the knife, which was faced with the body of the victim. However, the Defendant attempted to kill the victim by taking the knife of the knife and the body of the victim, which had been in possession, which had been in need of treatment of about 14 weeks, and caused damage to the body and body of the victim. 2) The Defendant attempted to kill the victim, thereby doing so.

4. Injury and obstruction of performance of official duties;

피고인은 위와 같이 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서, 2017. 4. 9. 06:45경 서울 관악구 남부순환로 191길 12에 있는 서울관악경찰서 수사과 유치장 3호실에서, 제2항 및 제3항 기재 범죄사실로 현행범 체포되어 그곳에 인치되어 있던 중, 유치장 근무자인 위 경찰서 소속의 경찰관인 피해자 경사 J(43세))가 피고인에게 기상할 것을 안내하였다는 이유로 손으로 피해자의 얼굴 부위를 수회 때리고, 손톱으로 왼쪽 얼굴 부위를 할퀸 다음, 손으로 피해자의 눈 부위를 1회 찔러 폭행하여, 피해자에게 약 4주간의 치료가 필요한 좌측 안와 내벽의 골절상 등을 가함으로써 위 경찰관의 유치장 관리 및 범죄예방 등에 관한 정당한 직무집행을 방해함과 동시에 피해자에게 상해를 가하였다.

【Facts of Medical Treatment and Custody】

The defendant is a person who has committed a crime corresponding to imprisonment without prison labor or heavier punishment as stated in the judgment of the court in a state that he/she has a weak ability to discern things or make decisions, due to the fact that he/she shows symptoms, such as the damage net, over-the-counter, fluence, unrealistic accident, limited emotional failure, reality-finding disorder, lack of path, etc., and is in need of treatment at a medical treatment and custody facility,

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and J;

1. Each statement of K, L, M, N,O, and H;

1. Each protocol of seizure and the list of seizure;

1. A medical certificate of injury, each medical certificate, reply to a request for cooperation with an investigation, and notification of the results of mental appraisal;

1. Photographs of each seized article (knife and knife and knife which the suspect suffered), upper photo, request for examination and treatment of emergency patients, photographs related to the detection of oil products, photographs of the victim's face, CCTV inside the detention room, photographs, photographs of each fire site photograph, field inspection photograph, forestry book, data on forest fire damage;

1. A report on the occurrence of obstruction of performance of official duties, a report on the occurrence of each incident, a detailed statement of handling 12 reported cases, a report on the results of field identification, confirmation of identity, trend report, and a written investigation at the scene of a fire;

1. 각 수사보고(피의자 체포 후 진술 관련, 112 신고사건 처리표 첨부, 피의자 체포 당시 모습 사진 첨부, 피해자 H 전화 진술, 피해자 I 자필 진술조서 작성 관련, 피해자 상처 부위 등 사진 첨부, 피의자 소지품 발견 경위, 사건 현장 CCTV 수사, 피의자 과거 의료기관 입원 사실, 피의자 관련 화재 참고인 조사 기록, 범행 장면 영상 백업 CD 및 각 해시값 첨부, 공무집행방해사건 관련 유치장 내부 CCTV 영상 캡쳐, 피해자 J 상해진단서 관련, 피의자의 친동생 통화, 피의자의 친형 전화 통화, 피의자의 전과 사실 보고, 피의자 학력 관계 확인, 피해자 | 전화통화, 피의자 사법시험 1차 합격 여부 확인, 피해장소에 대한 임야대장 발부 및 피해자 확인)

1. The need for medical treatment as indicated in the judgment and the risk of recidivism: In full view of the following circumstances and the motive and circumstance of each of the instant crimes, the character and conduct and environment of the Defendant, the circumstances before and after the crime, etc., the Defendant needs to receive medical treatment at a medical treatment and custody facility and the risk of recidivism is recognized.

① On June 1, 2016, the Defendant committed a crime of obstructing the performance of official duties by assaulting a police officer without any justifiable reason, and the Defendant was hospitalized at a P Hospital on June 2, 2016. The Defendant was arrested as a crime of special assault on December 24, 2016. The Defendant was hospitalized at the Seoul Medical Center from December 25, 2016 to January 31, 2017. At the time, the Defendant was diagnosed as a fluoral disease by showing the damage net, excessive injury, excessive accident, and symptoms of aggressive behavior.

② According to the Defendant’s report of the result of the mental appraisal, the Defendant was diagnosed as a mental disease showing symptoms, such as the damage symptoms, over-the-counter, dynamics, fluences, unrealistic accidents, limited emotional disorders, reality-finding disorder, lack of pathology, etc. at the time of the above mental appraisal. At the time of each of the instant crimes, the Defendant appears to have been in a state of mental disability with mental disorder whose ability to discern things or make decisions on the ability to discern things due to the symptoms as mentioned above was deteriorated.

③ Considering the Defendant’s mental capacity, the content and degree of treatment, the present status, and the result of a mental diagnosis on the Defendant, the Defendant is deemed to have the possibility of re-offending the said mental disorder unless he/she is given a specialized mental treatment during an illegal period.

Judgment on the Defendant and defense counsel's argument

Although the Defendant and the defense counsel asserted to the effect that each of the crimes of this case constitutes self-defense, it cannot be deemed that there was a current infringement of the legal interests of the Defendant or others at the time of each of the crimes of this case, or that the Defendant’s act constitutes a defense act and an act to defend it, and therefore, the above assertion by the Defendant

Application of Statutes

1. Article applicable to criminal facts;

Article 53(1) of the Forest Protection Act (a fire prevention of another’s forest), Article 260(1) of the Criminal Act (the point of violence), Articles 254 and 250(1) of the Criminal Act (the point of attempted murder), Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing performance of official duties)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crimes of obstruction of the performance of official duties and the crimes of bodily injury between the crimes and the crimes of bodily injury)

1. Selection of punishment;

○ Crimes of homicide: Imprisonment; Imprisonment

○ Crimes of Violence, Bodily Injury: Imprisonment, respectively.

1. Statutory mitigation;

Articles 10(2) and 55(1)3 of the Criminal Act (person with mental disability)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2 (1) 1 of the Medical Treatment and Custody Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for three years and six months; and in June 22;

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of murder;

[Determination of Punishment] Types 2 (Ordinary homicide)

【Specially Maternal Person】 A mentally ill-minded person (no one shall be responsible for him)

[Recommendation Area and Scope of Recommendations] Reduction Area, 2 years and 4 months, - 8 years (the lowest limit of the recommended sentences for murders shall be 1/3, 2/3, respectively)

(b) Violation of forest protection;

[Determination of Types] Fire Prevention for Special Property(Forest Fire Prevention)

【Special Mitigation Doctrine (D Doctrine)

[Recommendation and Scope of Recommendations] Reduction Area, 3 years of imprisonment, 6 years

(c) Crimes of assault;

[Determination of Punishment] Crimes of Violence (General Violence)

【Special Mitigation Party】 Mental Health and Medical Treatment Act (No one shall be responsible for the case)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment with prison labor, January - August;

(d) Sentencing does not apply to the crimes of injury and obstruction of performance of official duties, since they are in a mutually competitive relationship.

(e) Imprisonment with prison labor for not less than three years and six months (in principle, the lower limit of the punishment for a violation of the Forest Protection Act, on which the sentencing criteria are set, is set, since the crimes (the crime of attempted murder, the crime of violating the Forest Protection Act, the crime of assault and violence) to which the sentencing criteria are not applied are concurrent crimes (the crime of injury and obstruction of performance of official duties) are in a relationship of concurrent crimes; however, since the lower limit of the punishment is three years and six months, it is set at the lower limit of

3. Determination of sentence: Four years of imprisonment; and

The Defendant: (a) was a public official who was sleeped in mountain and demanded removal of tents in mountain; (b) obstructed the performance of official duties in the police station cell after the Defendant was arrested in a flagrant offender; (c) committed an attempted murder by sprinking a female sprink in a subway station without any reason; and (d) committed an attempted murder by sprinking a female sprink in a subway station; and (c) committed an attempted murder by the police; and (d) obstructed the performance of official duties.

In light of the background of the above crime, the details of the crime, and the result of the crime, the matter is very serious and the nature of the crime is bad. Although the forest fire was immediately fighting and the damage was not expanded, there was a significant risk to the public without much amount of property damage caused by forest fire-prevention. In particular, in the case of the victim I who was victimized by the Defendant in the subway station, the victim JA, a police officer, was anticipated to have a considerable residual disability, and the victim JJ, a police officer, was also aware of the occurrence of the damage and the degree of damage. Nevertheless, the damage recovery was not entirely performed. Considering the above circumstances, it is inevitable to punish the Defendant as to the crime liability corresponding to the act.

However, except for the defendant's property damage, obstruction of performance of official duties, or special assault, who was punished by a suspension of indictment or a fine, there is no record of the above punishment, and the record of the above punishment appears to be due to the defendant's mental illness before several years. The defendant suffered from the mental illness of sking since the occurrence of the above mental illness, and the crime of this case seems to have been committed with weak mental and physical disorder, and the fact that the defendant is a patient suffering from mental illness and the need for mental treatment is considered as favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

Judge Jin-hun

Judges Park Jong-chul

2) Some were added or modified according to facts obtained through the examination of evidence without the amendment process, to the extent that does not disadvantage the defendant’s defense right.

3) '44 years old as stated in the indictment' is obvious that it is a clerical error, so it is corrected as such.