2017Gohap 530 Special Robbery

2017 high-ranking medical treatment and custody

Claimant

A

J. H. (Filing of Prosecutions) and public trial

Attorney B (National Assembly) and Attorney C (National Assembly)

August 28, 2017

A defendant shall be punished by imprisonment for not less than two years and six months.

A seized kitchen (No. 1) shall be confiscated.

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

Criminal facts and facts constituting grounds for medical treatment and custody

1. A state of mental illness;

Defendant and the applicant for medical treatment and custody (hereinafter referred to as “Defendant”) were hospitalized from the “Ethic Health Doctor D” from February 1, 2016 to May 30, 2016 to the “Ethic Health Doctor D”. From June 1, 2016 to February 28, 2017, the above hospital received medical treatment as a man-child, and was diagnosed by the Medical Treatment and Custody Office at the Ministry of Justice on May 18, 2017, and had a lack of ability to distinguish things from mental and physical disorder at the time of committing the crime.

2. Criminal facts;

On April 5, 2017, the Defendant: (a) opened a kitchen with the kitchen knick-gu F, 109 Dong 508 at the time of leaving the place of residence of the Defendant; (b) used it to take cash in the bank; and (c) used it to take advantage of it at H points in the Gangnam-gu Seoul Special Metropolitan City Scream (SC) Japan; (d) kept the straw and son prepared in advance; (b) entered the bank; (c) entered the knick-gu, Seoul Special Metropolitan City, with the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

3. Facts of grounds for medical treatment and custody;

As above, the Defendant is in need of medical treatment in a medical treatment and custody facility and is in danger of recommitting a person who has committed an attempted special robbery equivalent to imprisonment without prison labor or heavier punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to I;

1. Records of seizure and the list of seizure;

1. A investigation report (verification of CCTV on-site), the original CCTV on-site, and one CD;

1. Existing kitchens of seized kitchens (No. 1);

1. The need for the treatment of the case and the risk of recidivism: The following circumstances recognized by the above evidence and the police statement of the J as well as the written statement of the police officer, the certificate of entrance and discharge (A), each of the medical records, the record book of medical examination and treatment, the mental therapy, the register book of nursing, the patient management card, the patient management card, the request for medical examination and treatment of emergency patients, and the written mental diagnosis; the defendant, in other words, has been showing mental symptoms, such as the lack of ability for emotional adjustment, the lack of practical judgment, the labor sense, the proper mind, and the birth of aggressive character, and the defendant has been receiving medical treatment, such as the symptoms of the on-site illness, and the defendant committed the crime of this case without taking the drugs properly, it is recognized that the necessity for the treatment of the defendant and the risk of recidivism is recognized.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 342, 334(2) and (1), and 333 of the Criminal Act

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2 (1) 1 of the Medical Treatment and Custody Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant voluntarily suspended the robbery of this case, and the punishment of the defendant shall be mitigated or exempted, and the defendant does not need to receive medical treatment at a medical treatment and custody facility and does not pose a risk of recidivism.

2. Results of the jury verdict;

(a) An opinion on guilt (non-recognition of a suspended crime) committed by seven only one jury on the verdict of whether he/she is guilty or not guilty or not, or guilty of a suspended crime;

(b) Seven unanimous verdict jurors on whether to accept a request for medical treatment and custody, and opinions on accepting a verdict;

3. Determination

The evidence submitted by the defendant and his defense counsel alone is difficult to recognize that the defendant voluntarily ceased to commit the special robbery of this case. Rather, in full view of each of the evidence in the holding, the defendant was arrested when a bank employee went out of the bank where he had committed the special robbery of this case for a long time, and came out of the bank where he did not pay money for the long time, and the police was discovered and entered the bank again, and thus the crime was committed. The necessity of treatment to the defendant and the risk of recidivism is also recognized. Accordingly, the defendant and his defense counsel's assertion is

Sentencing 1)

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Sentencing opinions on jurors;

○ Two years of imprisonment: two persons;

○ Imprisonment with prison labor for a period of two years and six months: two persons;

○ Three years of imprisonment: Three persons;

3. Determination of sentence: A robbery committed against a financial institution for two years and six months in prison shall impair the safety of transaction at a large amount of cash, and shall seriously undermine the life and physical safety of the general public who found the employees of the financial institution and the financial institutions. Therefore, there is a need to strictly punish the defendant. The defendant did not compensate for mental damage suffered by the victim, there is no particular criminal conviction for the defendant, and the defendant did not have any other criminal conviction, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, shall be determined as ordered by the disposition against

It is decided as per Disposition through a participatory trial according to the defendant's wishes for more than one reason.

The senior judge of the presiding judge;

Judges Shin Sung-sung

Judges Kim Gin-ho

1) An attempted crime is not subject to the sentencing criteria.