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(영문) 서울남부지방법원 2015.06.26 2015고합165
특수강도미수
Text

A defendant shall be punished by imprisonment for one year.

The excessive one (No. 1) seized shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Punishment of the crime

[Criminal Power] The Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) were sentenced to two years of suspension of execution for the crime of obstruction of performance of official duties at the Seoul Southern District Court on January 27, 2015, which became final and conclusive on February 4, 2015.

[Criminal Facts and Grounds for Medical Treatment and Custody] When the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder, the Defendant entered the D convenience points located in Yeongdeungpo-gu Seoul Metropolitan Government, on April 7, 2015, and retired from the crime on the grounds that the victim E (the age of 41) who reported the carter service at the above convenience points is a deadly weapon prepared in advance (the total length of 21 cm, the blade length of 10 cm, and No. 1). The Defendant threatened the victim to “a cigarette,” thereby making it impossible for the victim to resist, and then the victim was unable to resist tobacco from the victim.

Accordingly, the Defendant, carrying a deadly weapon with the victim, led the victim to force him to withdraw tobacco amounting to 5,00 won at the market price, but he was guilty of committing the crime by himself.

The Defendant, while carrying a knife image at the time of the investigation, acknowledged that the person entering a convenience store is one’s own knife and did not enter his knife and made a knife statement. The Defendant was found to be a dead-time patient with a mental disorder, such as the knife, shocking, decline in impulse control capacity, unstable mental condition, etc. by a psychiatrist, and the Defendant was highly likely to commit wrong acts by leading military accidents in the state of lack of awareness of the knife’s disease, and is in need of treatment at the medical treatment and custody facility and the risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographss and CDs related to crimes by cutting down CCTV images;

1. Seizure records;

1. Each investigation report (the telephone investigation by a reporter, and the telephone investigation by a police officer called out);

1. A previous conviction in judgment:

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