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(영문) 대구지방법원 서부지원 2016.04.21 2016감고1
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

In addition, the facts constituting the reason for the medical care and custody [criminal facts] The defendant and the person who filed for the medical care and custody (hereinafter referred to as "defendant") lack the ability to discern things or make decisions due to the mental division of illness.

On September 1, 2015, in light of the female clothes operated by the victim D (n, 46 years of age) in Daegu-si, Si, Daegu-si, the Defendant stolen the victim’s property by means of 15 points of female clothes worth KRW 714,000 at the market price, which was displayed inside the above clothes through the entrance of the entrance.

[Facts of the cause of the treatment and custody] The Defendant is in a state that he lacks the ability to discern things or make decisions due to a mental division, and has committed a crime corresponding to imprisonment without prison labor or heavier punishment as stated in the judgment, and needs to receive medical treatment at the treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Each investigation report (CCTV verification investigation, attaching images and photographs, specifying the suspect, and reporting on whether the suspect has any mental or physical disorder);

1. Necessity of the medical care and custody in the judgment and risk of recidivism: In addition to the evidence mentioned above, the investigation report (a suspect A, a written confirmation of hospitalization, attachment of the same kind of power judgment), the following circumstances, which can be seen by adding the report of the results of confirmation before and after the previous conviction of the disposition, i.e., ① the Defendant appears to have a mental disorder, such as a return office, a non-culmatic accident, a non-realistic accident, a de facto accident, a social chilling, a low and inappropriate behavior, a de facto judgment disorder, a lack of pathology, etc.; ② the Defendant appears to have committed the instant crime in the mental state due to the above mental disorder; ② the appraiser’s diagnosis and diagnosis of the Defendant as above, for the treatment and social adaptation of the mental disorder, and prevention of recidivism.

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