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The request for the treatment and custody of this case is dismissed.
Reasons
1. On December 22, 2017, a care and custody applicant for the medical care and custody claim did an act of demanding money from the victim B (the age of 73) without any justifiable reason in front of the elevator near the subway station platform (the direction of the water area) located in Suwon-ro, Busan in Suwon-ro, 769, and did not respond to the request, and the victim did not respond to the action. As the victim's body was pushed over by the victim's body, the care and custody applicant suffered bodily injury, such as the string of the left-hand knifb and the closure of the mar.
A person with mental disability, whose developmental level is 2 years and 3 months of age due to a mental disorder or unknown behavioral disorder, is a person with mental or physical disability who has committed an offense subject to imprisonment without prison labor or heavier punishment as above, but is not able to discern things or make decisions according to Article 10(1) of the Criminal Act.
A person who repeatedly goes off his/her guardian's treatment or management, and repeats dangerous violence, such as saving persons from subway platforms without any justifiable reason, and is likely to pose a high risk of recidivism and damage to human life due to crimes, so the person who is in need of continuous and appropriate treatment is in need of medical care and custody facilities.
2. Determination
A. Article 2 of the Medical Care, Custody, etc. Act provides that “a person with a mental or physical disability who is not in need of medical treatment at a medical care and custody facility,” other than “the risk of recidivism” of a person with a mental or physical disability subject to the medical care and custody facility, shall not be allowed to separate him/her from a medical care and custody facility on the ground that
B. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.
1) A person who filed a medical care and custody claim has been judged as a cadastral disability around three times since 1990 with the birth of 199, and as a class 1 disabled person with intellectual disability on May 11, 1994.