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(영문) 서울남부지방법원 2019.09.17 2019고합300

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Applicant for medical treatment and custody.

Reasons

Criminal facts

Based on the facts found based on the arguments and records of this case, the court found partial revision of the facts charged to the extent that the defendant's right of defense is not infringed.

【Criminal Facts】

From August 2013, an applicant for medical treatment and custody who is concurrently a defendant (hereinafter referred to as "defendant") has repeatedly been receiving mental treatment and discharge from the hospital due to dynamic disorder, etc., and on November 30, 2015, an applicant for medical treatment and custody who is registered with the Seoul Gangseo-gu Office as a disabled person due to mental disorder.

Around July 15, 2019, when the Defendant lacks the ability to discern things or make decisions due to mental disorders, the Defendant, at around 03:35 on July 15, 2019, appealed from the Defendant’s dwelling in Gangseo-gu Seoul Metropolitan Government B apartment C on the ground that the victim D (the age of 62) who was born in the Defendant’s dwelling in Gangseo-gu (the age of 62) had a lot of ordinary interference, “snick appears to be a snick” means a knick (the total length of 33cm, the knick length of 21cc) which is a dangerous thing in the kitchen located in the kitchen, and knicked the victim’s right knick in the instant knick that was in the hands of the victim.

In this respect, the defendant carried dangerous things with the victim and put the side of the unclaimed right arms, etc. on the days of treatment.

[Fact of the cause of medical treatment and custody] The defendant needs to receive medical treatment at a medical treatment and custody facility in consideration of the motive, method, circumstance, attitude after the crime, mental and medical experience, etc. of a person who has committed a special injury under the state of mental disorder due to a dynamic disorder, etc., and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. 12 Declarations of 112 Reporting, investigation reports (emergency call of a hospital related to the victim's part-time);