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(영문) 광주지방법원 2019.10.11 2019고합214
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

The following crimes have been committed in the state that the defendant and the requester for medical treatment and custody [criminal facts] committed the following crimes under the status that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") have different objects or weak ability to make decisions due to editing type assistance:

1. Around April 16, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim E (58 years old) who was arguing that the Defendant was employed as a daily employee through a human resource referral center in the D cargo vehicle that passed prior to the Cridge located in Seo-gu, Seo-gu, Gwangju, Gwangju, about April 16, 2019, and the victim who was a driver of a motor vehicle driving by putting hand over hand in hand.

2. The Defendant damaged the property by assaulting the victim at the time, place, as described in the preceding paragraph, and destroying the vehicle door so far as possible after getting off the vehicle from the said cargo vehicle so that the repair cost amounting to KRW 440,00.

[Facts that cause of medical treatment and custody] The defendant needs to receive medical treatment in a medical treatment and custody facility as a person who has committed a crime corresponding to imprisonment without prison labor or a heavier punishment under the circumstance that he/she has a weak ability to discern things or make decisions due to editing type of illness.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Motor vehicle inspection, specifications of maintenance, and vehicle photographs;

1. Notification of the result of a mental appraisal [the necessity of the market therapy and the risk of re-offending] The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the Defendant was hospitalized in a meeting of about 40 times from 1995 to efficiencies, and registered as a highly disabled person on March 2, 2007, and re-registered on the same disability on December 6, 2018; ② the Defendant committed the instant crime from 1998 to 2019.

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