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(영문) 인천지방법원 2015.09.23 2015고합492
폭력행위등처벌에관한법률위반(상습존속폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The facts of the cause of medical treatment and custody [criminal facts] The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") are those who have been addicted to alcohol and have been addicted to violence, such as drinking alcohol, drinking PCs without any specific occupation, drinking PCs, and raising money from the victim by assaulting or threateninging the victim C (the age of 72) who is maternity, and receiving money from the victim.

1. On April 2012, the Defendant: (a) took a bath for the victim, who was divingd in the place of residence of himself/herself and the victim, Nam-gu, Incheon Metropolitan City D apartment 708 Do 1216 dong-gu, Incheon; (b) assaulted the victim of the victim, who was walking the victim’s her hurdle.

2. At around 22:00 on May 2, 2014, the Defendant, while under the influence of alcohol in the above residence, assaulted the victim by walking at one time the chest part of the victim under the influence of alcohol.

3. On February 3, 2015, the Defendant, while under the influence of alcohol in the above residence on February 21, 2015, told the victim who was under the influence of alcohol, “Ig and Calopia.” On one occasion, the Defendant assaulted the victim at one time by drinking the victim’s head.

4. On July 12, 2015, at around 21:57, the Defendant: (a) expressed that the victim was under the influence of alcohol in the above residence and that the victim did not prepare for the day-to-day food; (b) stated that the victim was “Iskh, Isk, Isk,” and assaulted the victim, such as the victim’s booming the victim’s her hand.

Accordingly, the defendant assaults the victim who is habitually in existence.

[Facts that cause of medical treatment and custody] The defendant is a person who has a habit or is addicted to drinking alcohol and has committed a crime corresponding to imprisonment without prison labor or heavier punishment, and there is a need to receive medical treatment at a medical treatment and custody facility and the risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112 Reporting case management table;

1. Requests for cooperation in investigation, replies, requests for cooperation in investigation (E hospital);

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