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(영문) 서울북부지방법원 2013.12.06 2013고합320

폭행치사등

Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Criminal facts

The facts of the reason for medical treatment and custody and the fact that the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendant") are the persons who were sentenced to medical treatment and custody for two years from September 29, 2008 to April 2, 2012 by committing a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) at the Seoul Northern District Court on April 28, 2008 and were hospitalized in a medical treatment and custody center and received medical treatment through a mental fission.

Around September 24, 2013, when the Defendant lacks the ability to discern things or make decisions due to a fluoral disorder, the Defendant assaulted the victim by means of cutting down the victim’s neck from the entrance of Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government “E Announcement Board” to his residence and cutting down the building into the stairs of the Gowon building (ma, 26 years of age) and clibing the victim’s lebbs, thereby overing the victim’s lebs, and continuing to cut down the victim’s neck on the floor, thereby causing the death of the victim with pressure.

[Facts that cause of medical treatment and custody] A person who commits a crime corresponding to the above imprisonment without prison labor or heavier punishment under the circumstance that the defendant lacks the ability to discern things or make decisions due to a division disorder, needs to receive medical treatment at the medical treatment and custody facility and risks of recidivism.

Summary of Evidence

1. Investigation report (Attachment of a decision on medical treatment and custody), investigation report, investigation report, and investigation report (Hearing of the statement of a witness for reference) on the defendant's partial statement G, each prosecutor's statement of H, J, and G by the police;

1. The following circumstances, which are acknowledged based on the following evidence and the risk of re-offending, as a patient with a fluorial disorder: (a) a drilling letter (a CD and printed photograph stored in a publicly announced CCTV image file); (b) a death diagnosis letter (victim F’s autopsy report); (c) the scene of the crime; (d) 64 copies of the body photograph; (e) the need to treat the re-fluor of the crime; and (e) the evidence as indicated earlier; and (e) the Defendant, as