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

On April 13, 2017, the Incheon District Court sentenced the defendant and the person who filed for the medical care and custody (hereinafter referred to as "defendant") to eight months of imprisonment with prison labor due to a crime of obstructing the performance of public duties, and completed the execution of the sentence on October 11, 2017 at the Gesung Vocational Training Institution.

[Criminal facts] The Defendant committed the following crimes under the lack of the ability to discern things or make decisions due to a mental division illness.

1. On October 22, 2017, the Defendant invadedd a structure: (a) around 22:37, at the National Health Examination Center of the D Hospital located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul; (b) opened a entrance where the E, a security guard of the said Center, was not corrected by using the gaps; and (c) intruded into the entrance.

2. The Defendant damaged the property by breaking the market price aesthetic notice board at the time and place specified in paragraph 1 by hand.

[Facts of the cause of the treatment and custody] The defendant needs to receive treatment at the treatment and custody facility because he/she cannot expect the protection and management of his/her guardian, such as his/her family, inasmuch as he/she committed each crime that falls under imprisonment without labor or heavier punishment while his/her own ability to discern things or make decisions due to editing illness, and in light of the criminal records, criminal law, etc., the risk of recidivism exists

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Fact of damage situations, and photographs related to suspects;

1. Medical certificates and opinions;

1. Three copies of the investigation report (verification of suspect's "the same type of force") and the judgment

1. Previous convictions in judgment: A criminal investigation report (verification of suspect's repeated crime), a sentence of judgment, and a statement of personal confinement;

1. In light of the need for treatment as indicated in the judgment and the following circumstances acknowledged by the evidence revealed prior to the risk of recidivism, the Defendant lacks the ability to discern things or make decisions by editingly illness.