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(영문) 서울서부지방법원 2018.12.10 2018고합267
상해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

The facts constituting the cause of the medical care and custody [the mental history and criminal records of the defendant] and the person subject to the medical care and custody (hereinafter referred to as "the defendant") were under five years of age after receiving a similar self-harm diagnosis at the hospital B, from around January 2014 to January 2018, Seoul Special Metropolitan City repeated release on several occasions at the Pyeongtaek Hospital, Seoul Special Metropolitan City University Hospital, and C protective facilities, etc. On February 16, 2016, the Seoul Special Metropolitan City (hereinafter referred to as "Seoul Special Metropolitan City") filed a request for the medical care and custody with the Seo-gu Seoul District Court on April 2, 2018 and dismissed on July 20, 2018, all of which were filed with the District Court for a summary order as a crime of damage to property and all of which were filed by the District Court during the period of filing a request for a summary order.

[Criminal facts] The Defendant, on August 7, 2018, lacks the ability to discern things and make decisions due to the impairment of self-defensiveness, etc. on August 7, 2018

1. In front of the D apartment of Seodaemun-gu Seoul Western apartment, Seodaemun-gu, without any reason, the victim F (n, 4 years old) was laid off by her hand with her body height without any reason, and then her was laid off by her blurg height, and the victim was laid off on the part of India, resulting in an injury to the victim, such as brain, where the number of days of treatment cannot be known to the victim.

2. At H convenience points in Seodaemun-gu Seoul Western-gu Seoul, the victim assaulted the victim at one time by taking action as described in paragraph 1 from the victim I (36 years old), the father of F, who is the father of the victim.

[The necessity of the medical care and custody and danger of recidivism] The Defendant, as a person with a disability of second degree due to autistic disorder, committed a crime corresponding to imprisonment without prison labor or heavier punishment as stated in the above criminal facts while lacking the ability to discern things and make decisions, and there is a need to receive medical treatment in the medical care and custody facilities for autism and there is a risk of recidivism in light of criminal records.

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