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(영문) 전주지방법원 2015.01.15 2014고합243
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

Reasons

Criminal facts

The facts leading up to the medical treatment and custody and the fact that the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants") lack the ability or decision-making ability to discern things by editing type illness. On January 6, 2014, at around 11:40, the victim E (the age 46) of the living site where he/she was living in front of the D store located in Seojin-jin-gu Seoul Metropolitan Government (the age 46) was sounded that "When he/she turns to the old day, he/she opened his/her arm's length as soon as he/she turns to the old day." The defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants") brought about the victim's math, face, arms, bridge, etc. at the end, and continuously undergo the victim's face by taking care of the victim's face on his/her hand.

[Facts that cause of medical treatment and custody] The Defendant is a person who commits a crime subject to imprisonment without prison labor or heavier punishment under the lack of the ability to discern things or make decisions, and needs to receive medical treatment at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A E-document;

1. Certificates of medical treatment;

1. A mental appraisal report;

1. On-site and photographs of damage situations;

1. An investigation report (related to attachment of a medical certificate for injury);

1. The necessity of treatment as indicated in the judgment and the risk of recidivism: The above evidence and criminal records, inquiry report about the above evidence, the Busan East Eastern District Court Order 2002Ga3, and the following circumstances recognized by the written judgment; ① The defendant, before and after the age of 30, was suffering from a editing type assistance; the defendant, from July 3, 1991 to June 13, 1995, was hospitalized four times under the name of a man who was hospitalized with a dead mental disorder at the time, and there was an entry of each medical treatment and custody disposition around November 1, 1998 and around May 202, 200, and the defendant's mental illness.

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