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(영문) 의정부지방법원 고양지원 2020.02.11 2019감고4
치료감호
Text

The medical treatment and custody claim of this case is dismissed.

Reasons

1. On December 9, 1996, a person subject to medical treatment and custody application was diagnosed at B Hospital on or around December 9, 1996, and a person who repeated entry and discharge under the above sick name from June 28, 2005 to September 20, 2019 was in the state of having no ability to discern things or make decisions due to mental disorder, such as editing mental disorder.

The applicant for medical treatment and custody is a patient who is hospitalized in the "D Hospital" in Gyeyang-gu Seoul Metropolitan City, and the victim E (the age of 24) is a person who is hospitalized in the above hospital together with the applicant for medical treatment and custody.

On May 29, 2019, an applicant for medical treatment and custody took part in the face of the victim by exposing the victim by hand from the fifth floor of the above hospital due to an unforeseen reason.

As a result, the applicant for medical treatment and custody inflicted injury on the victim, such as the upper left-hand side by subrogation, which requires medical treatment for about five weeks.

As such, a person subject to medical treatment and custody is in a state of having no ability to discern things or make decisions due to mental disorder and is in danger of recidivism and needs to be treated at the medical treatment and custody facility.

2. Determination:

A. According to the evidence duly adopted and examined by the court, the following facts are acknowledged.

(1) A candidate for medical treatment and custody began from the second grade of a middle school in 1981 to the “mental disease”, and repeated discharge from the hospital from June 28, 2005 to August 27, 2018. The instant reason for the application for medical treatment and custody arose while the applicant for medical treatment and custody was hospitalized in the pertinent hospital.

Even after this case, the applicant for medical treatment and custody is currently being hospitalized in the D Hospital until now and is expected to receive continuous hospitalization treatment in the future.

(2) The medical doctor F of the above hospital is currently hospitalized as of June 28, 2005 in the course of repeated entrance and discharge from hospital several times due to editing mental division.

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