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(영문) 청주지방법원 충주지원 2019.10.24 2019고합56

존속상해

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

A person who has been sentenced to two years of imprisonment on May 26, 2016 in the Daejeon High Court for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) (hereinafter referred to as "defendant") and a person subject to medical treatment and custody (hereinafter referred to as "defendant") is a person who has completed the execution of the sentence in a public prison on August 6, 2017.

【Criminal Facts】

At around 13:55 on February 6, 2019, the Defendant heard from the Defendant’s house located in the Chungcheong B apartment C, that “I am hospitalized in a mental hospital” from the victim D (Nam, 62 years of age), who is his father, “I am hospitalized in a mental hospital,” and caused injury to the victim, such as snow pool and open body around the snow that require approximately two weeks of treatment.

[Facts of the grounds for medical treatment and custody] The Defendant appears to have had a past mental medical record, and in this case, it is judged that he was directly affected by the crime, and there is a high possibility of recidivism due to mental illness in the future, so it is necessary to receive medical treatment at the medical treatment and custody facility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D (Simplified violence);

1. A medical certificate;

1. Photographs explanation map;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement by individuals, and judgment;

1. The need for treatment as indicated in the judgment and the risk of recidivism: In full view of the evidence adopted and examined by this court, the following circumstances revealed by the mental appraisal report and the contents and circumstances of the instant crime, the character and conduct of the Defendant, family environment, etc., the Defendant needs to be hospitalized in a medical treatment and custody facility for professional treatment, and the risk of recidivism is also acknowledged if the Defendant does not receive appropriate treatment.

(1) According to the mental appraisal of a public medical treatment and custody center, the defendant is currently suffering from the injury and injury caused by his/her own illness.