[치료감호피고사건][하집1985(4),294]
Examples of medical treatment and custody for the person who kills his mother during the outbreak of livers
If a person is temporarily deprived of the ability to discern things or make decisions because of mental disorder such as confusion in consciousness, patience, repatience and behavior disorder of impulse adjustment and behavior, uneasiness, early inspection and judgment disorder, etc. from 17 years of age to 17 years of age, a person who shows the symptoms of livering symptoms rapidly following the outbreak of livering symptoms, and a person who temporarily loses the ability to distinguish things or ability to make decisions, and kills the mother who has been born due to a small breactic disorder, it is clear that he/she is a person subject to medical treatment and custody falling under Article 2 subparag. 3 and Article 8(1) subparag. 1 of the Social Protection Act.
Article 8 of Social Protection Act
appellees
Applicant for Custody
Jeonju District Court of the first instance (85 Rador5) Gunsan Branch Court of the District Court
The appeal by the inmate shall be dismissed.
The summary of the grounds for appeal by a person subject to custody and his/her state counsel is that the court below's decision as the person subject to custody is erroneous in misunderstanding of facts that may affect the judgment.
Therefore, according to the evidence duly examined by the court below, the applicant for a medical treatment and custody shows livering symptoms intermittently from 17 years of age to 40 years of age, and the applicant for a medical treatment and custody has been unable to make a decision on the ability or intention to temporarily change things due to mental disorder such as confusion and exchange of consciousness, disorder of shocking and behavior such as exchange time, disorder of shocking and behavior, apprehensions, early investigation and confusion, disorder of real verification and judgment, and disorder of real verification and judgment, etc., and if the applicant for a medical treatment and custody temporarily lacks the ability to discern things on May 6, 1985, the applicant for a medical treatment and custody was born in front of the village (title omitted) and returned again from 17 years of age to 40 years of age, and his mother's mother was able to restrain 5 times the head of the applicant for the medical treatment and custody, and thus, he is not found to have any error of the court below's determination that he died under Article 18 (2) of the Medical Treatment and Custody Act.
Therefore, the appeal by the requester for a warrant of custody is without merit, so it is dismissed in accordance with Article 42 of the Social Protection Act and Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Giology (Presiding Judge) Order of Merit