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(영문) 서울북부지방법원 2016.04.27 2015고합371

특수상해등

Text

A defendant shall be punished by imprisonment for three years.

Seized one (No. 1) shall be confiscated.

A medical care and custody applicant.

Reasons

Criminal facts

In addition, the facts constituting the cause of the request for medical care and custody [criminal facts] The defendant and the person who is suffering from mental disorder such as alcohol mental disorder, damage net condition, exchange, etc. (hereinafter referred to as the "defendant") brought the victim D's house (69 years old) living in Nowon-gu in Seoul Special Metropolitan City on October 13, 2015 on the ground that it cannot be known from the victim's corridor No. 1305, Dong 101, Dong 1305, and the victim's body room (69 years old) under the influence of alcohol disorder, damage caused by mental disorder, damage caused by harm, and mental disorder caused by the above symptoms. From October 13, 2015, the victim's body room of the victim's DNA (30cm, hair size, 11cm, 11cm head, and 1) was laid back to the left side of the victim's body and the victim's body room of the victim.

[Judgment of the court below] Defendant 1 committed a crime corresponding to imprisonment without prison labor or heavier punishment against a person who is in a state of mental and physical weakness whose ability to make a decision was deteriorated as above, and there is a need to receive treatment at the facilities of the treatment and custody, and there is a risk

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Statement to the effect that the defendant has seized one of the hacks recorded in the seizure protocol;

1. Each description of a medical certificate and notice of the result of a mental appraisal;

1. Images of the body parts of the victim, and photographs of the damaged field;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances revealed by the above evidence and the defendant's written judgment and the summary order, namely, ① the defendant was diagnosed to have a mental disorder with alcohol or alcohol dependence in the mental appraisal procedure conducted during the trial of this case, and committed several violent crimes in the past, and ② the defendant committed several times under drinking alcohol.