The imprisonment with prison labor for the accused shall be determined by one year and five months.

A person who has filed an application for medical care and custody shall receive treatment and custody.

Criminal facts

In addition, the facts of the cause of the treatment and custody [criminal facts] Defendant and the person who received mental disorders at Grade 3 (hereinafter “Defendant”) and was diagnosed as a person with a view to suffering damage, strong decentralization, impulse behavior, etc., and had weak ability to distinguish things or make decisions.

1. On May 18, 2018, the Defendant damaged special property: (a) at the front end of the residence of the victim D ( South, 55 years of age) located in Seocheon-gun, Seocheon-gun, Gangwon-do; (b) on the front end of the residence of the victim D (the victim, South, 5 years of age); (c) placed concrete block (the wall board, about 30cm wide, about 20cm long, about 1.5cm long), which is dangerous object, on the window of the living room at the living room at the above dwelling (over to 2 meters wide, about 2 meters long, about 1.5 meters long) and broken down the above window glass of the victim’s market value of KRW 50,00,00

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. 특수 협박 피고인은 1 항의 일시 및 장소에서 위험한 물건인 노루발 못뽑이( 속칭 ‘ 빠루’, 길이 약 70cm) 와 위험한 물건인 망치( 길이 약 44cm )를 들고, 피해자에게 “ 뭘 봐, 집사람 내보내라 ”라고 외치며 마치 노루발 못뽑이 및 망치로 피해자를 때릴 듯이 위협하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

[Fact of the cause of a claim for medical care and custody] The Defendant committed a crime corresponding to imprisonment without prison labor or a heavier punishment as seen in the above criminal facts, as the Defendant was a patient with mental illness of Grade III, and seems to have the risk of recidivism.

In order to prevent recidivism, the defendant requires a continuous interest and protection of his/her guardian, so it is necessary to receive medical treatment in the treatment and custody facility for social adaptation and prevention of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness;

1. Cards for welfare of persons with disabilities, investigation reports-field photographs of the case, and the application of statutes as a result of mental assessment;

1. Article 369 of the Criminal Act applicable to the crime and Article 369 of the choice of punishment.