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(영문) 대구지방법원 2014.01.24 2013고합454

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant and the applicant for medical treatment and custody are those who lack the ability to discern things or make decisions due to mental and physical disorder, such as being hospitalized in the E medical corporation E hospital located in the Gandong-gun from July 2, 2013 and being receiving mental treatment.

【Criminal Facts】

On July 2, 2013, at around 12:20, the Defendant: (a) went into a network where the G, etc. in the vicinity of the Defendant was under surveillance on himself on the street in front of the building of the Gyeongdong-gun, the Defendant destroyed the repair cost by lowering the back glass of the ISM5 car, the victim H owned by G, a 75cm in length, with a iron string zone (No. 1), which is a dangerous object used by G, and was able to take a bath for him.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

[Facts that cause of medical treatment and custody] The defendant committed the above crimes in a state that he/she lacks the ability to discern things or make decisions due to the on-site illness, and thus requires medical treatment at the medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Report on internal investigation (No. 3 No. 5 of the evidence list);

1. The point of mental health and physical disability in the judgment: Investigation report (in addition to a written opinion), investigation report (in the present state of a suspect), and investigation report;

1. The necessity of the medical treatment and the risk of recidivism: The application of the statutes to the extent that the defendant needs to receive medical treatment at the medical treatment and custody facility and the risk of recidivism is recognized in full view of the following: the mental state of the defendant, the details and details of the crime in this case, and the circumstances

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Confiscation.