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(영문) 대구지방법원 서부지원 2020.04.09 2019고합167

상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") committed the following crimes in a state that they lack the ability or decision-making ability to discern things due to mental illness such as intellectual disability and shock disorder:

"2019 Highest 167"

1. On August 15, 2019, at around 11:30 on August 15, 2019, the Defendant injured the Victim B: (a) taken the face of the Victim B (the age of 67) by drinking alone without any justifiable reason from the first floor elevator of the Dental Hospital in Daegu-gun C; (b) taken the victim’s head with knene and taken the victim’s face with knene; and (c) taken the victim’s face with approximately two weeks of treatment.

2. Around 12:00 on August 15, 2019, the Defendant injured the victim E, on the ground that the victim E (the age of 40) at the time of the victim’s injury to the said D Hospital, as described in paragraph (1), told the victim E (the age of 40) at the time of the victim’s injury to the said D Hospital, and lost the victim’s mind by drinkingly speaking the victim’s face and body, and damaged the victim’s character by destroying the victim’s face and body for about two weeks.

3. On August 15, 2019, the Defendant: (a) heard from the victim F (the age of 45) before the said D Hospital parking lot, the victim was suffering from the victim’s face at a time on a several occasions; (b) he saw the victim’s face; and (c) took the victim’s face at a time on a several occasions; and (d) took the victim’s face at around two weeks, he saw the victim’s heart in a way that the victim needs to receive approximately two weeks of treatment.

As the Defendant suffered from mental illness, such as intellectual disability and shock control disorder, and sustained treatment and isolation due to degradation of ability to judge and violent behavior, the Defendant inflicted an injury on the victims as above. As such, a person with mental disability has committed an offense subject to imprisonment without prison labor or heavier punishment as a person with mental disability, and need to receive medical treatment at a medical treatment and custody facility, and is in danger of recidivism.

The defendant of "2019 Highly 199" is a person confined in Daegu Prison.