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(영문) 광주지방법원 2013.11.11 2013고합375

폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Defendant

A person subject to medical treatment and custody (hereinafter referred to as the “defendant”) committed assault by the victim D (hereinafter referred to as the “victim”), who was going to go through the place, on June 7, 2013, on the ground that the victim’s head was 2 times as the defendant’s drinking, and the victim’s head was cleeped twice as the defendant’s drinking, and the victim’s head was clicked. The victim’s head was 28 times as the defendant’s drinking, and clicked the above bicycle.

The Defendant, as above, has weak ability to discern things or make decisions, and committed a crime corresponding to imprisonment without prison labor or heavier punishment at a medical treatment and custody facility, needs to be treated at the medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An investigation report (verification of suspect status, etc.) and an investigation report (verification of suspect's illness, etc.);

1. Proof of hospitalization;

1. The necessity of medical treatment and custody as indicated in the judgment and the risk of recidivism: According to the above evidence and the investigation report (a copy of the judgment), the Defendant committed the same kind of crime in the state of mental and physical disability due to polar disorder, etc. in the past. At the time of the instant crime, the Defendant was in the state of mental and physical disability due to the polar disorder, etc

In addition, since 1998, the mental disorder of the defendant seems to be family history because the defendant has been receiving mental treatment and the defendant's punishment suffers mental fission, the defendant's small blurgy and scargy's mental disorder is the family history.

In light of the Defendant’s status, the maintenance of a state of mental disorder, the background of the instant crime, the circumstances before and after the instant crime, and the age, intelligence, family relationship, and family environment of the Defendant, etc., the Defendant is deemed to have the risk of re-offending unless medical treatment is necessary and appropriate.

The laws and regulations;