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(영문) 서울북부지방법원 2018.05.08 2017고합444

상해등

Text

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

On October 12, 2012, the Seoul Northern District Court sentenced the Defendant to four years of imprisonment with prison labor for murder, and completed the execution of the sentence in Gwangju Prison on July 2, 2016.

[Criminal facts] The Defendant committed each of the following crimes under the state that he lacks the ability to discern things and make decisions due to current illness, etc.

1. On July 21, 2016, at around 19:40, the Defendant: (a) made a mistake of the Defendant’s sprinker in the Defendant’s room on the third floor of the D Public Notice Center located in Dongdaemun-gu Seoul, Seoul, as CCTV; (b) demanded the Defendant to make the sprinker’s CCTV; and (c) caused damage to the victim’s face by assaulting the victim, who is operating the said Public Notice Center as his hand, such as making the victim’s sprinking over one time, making the victim’s face one time at drinking, and making the spick, which requires approximately three weeks of treatment.

2. The Defendant assaulted the victim F (n, 38 years of age) who is the wife E at the time and place set forth in the above paragraph 1, on the ground that the victim F (n, 38 years of age) said F (n, e.g., the victim F (n, e., e., the victim F) was c

[Facts of the causes of the medical care and custody] The Defendant is a patient suffering from the symptoms, such as the impairment of the ability to control impulse and impulse, and has a tendency to have anti-social personality disorder at the time of committing the crime. The Defendant committed the above crimes, which are punishable by imprisonment without prison labor or heavier punishment under the lack of the ability to distinguish the body and make decisions at the time of committing the crime. Although mental treatment is required for the illegal period, but it is not possible to expect the protection and management of his/her guardian such as his/her family members, it is necessary to provide medical treatment at the care and custody facility. In light of the records of the same kind of violence and the circumstances of the crime, if proper treatment is not conducted, the above increase of the punishment is likely to occur.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E, F, G,.