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(영문) 부산지방법원 동부지원 2018.07.03 2018고합89
특수존속상해
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

The facts of 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 the "defendant") are the children of the victim C (60 years).

While the Defendant lacks the ability to discern things or make decisions due to early illness, the Defendant was carrying the kitchen knife (21cm in total length, 11cm in knife) in the victim’s house around 04:00 on January 17, 2018, with the Defendant carrying the kitchen knife (21cm in total length, 11cm in knife) in a ber warehouse, and carried the victim “the father who died of the ber.”

“Along with the sound and threat of the victim’s arms, the victim’s arms were continuously towed up to the front of the guards room of 110 dong 110 and then the victim’s right bed down with the kitchen knife with the victim’s right bed, and the victim knife, and knife the right bed up to 3 cm (3 cm) on the right side of the treatment days

[Judgment of the court below] The defendant is a mentally and physically handicapped person who shows mental symptoms such as damage net symptoms, refund, impulse adjustment, degradation of real judgment, etc., and committed a crime equivalent to imprisonment without prison labor or heavier punishment. Thus, the risk of recidivism is high and the execution of punishment alone does not have sufficient effect to prevent recidivism, so it is necessary to have the defendant receive treatment at the treatment and custody facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each police and prosecution report (the list of evidence Nos. 1, 2, 8, 9, 11, 14, 15, 16, 17, 18, 20, 21, 24);

1. Police seizure records;

1. A list of risk of recidivism of domestic violence;

1. In full view of all the circumstances, including the following facts and circumstances revealed by the evidence adopted and examined by this Court as well as the need for treatment, a mental appraisal statement, and a written investigation before the judgment, etc., the Defendant needs to be hospitalized in a custody facility to receive professional treatment, and there is no appropriate treatment.

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