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(영문) 대구지방법원 2015.06.19 2015고합173
존속상해치사등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Criminal facts

The facts constituting the cause of medical treatment and custody [criminal fact] The defendant and the requester for medical treatment and custody (hereinafter referred to as "defendants") are those who lack the ability to discern things or make decisions due to mental disorder, such as receiving the diagnosis of efficiencies from February 15, 2014 to April 21, 2014 by the mental department of C Hospital. A person who lacks the ability to discern things or make decisions due to mental disorder, such as receiving the diagnosis of efficencies in the above hospital from February 13, 2015.

Around February 5, 2015, the Defendant had weak ability to discern things or make decisions due to mental or physical disorder, and around 06:56 on February 5, 2015, at around 06:56, the Defendant took two times the victim E (the age of 89) who was a pregnant victim in the Defendant’s residence located in Busan-si (the age of Ma, not our money, and the victim’s face accumulated in the room (the age of Ma.....).

Ultimately, the Defendant inflicted injury on the victim, as seen above, caused the victim, who was receiving back-of-the-counter treatment at the Gyeongbuk University Hospital located in Daegu-gu around 10:04 on the same day, to have the victim died due to the diversity damage.

[Facts that cause a medical treatment and custody] The Defendant committed the above crimes under the lack of the ability to discern things or make decisions due to editing or modernization, etc., and thus requires medical treatment at the medical treatment and custody facility, and the risk of recidivism is likely if medical treatment is not conducted.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. In cases of an investigation report, death certificate, preliminary autopsy report, one copy, one copy of the emergency medical service report, one copy of the medical record (G hospital), ten copies of the medical record (a disease A and a medical record), ten copies of the investigation report (a suspect mental and a medical record), one copy of the medical record, a statement of opinion, and a mental appraisal report;

1. Necessity of medical treatment and custody as stated in the judgment and risk of recidivism: Each of the above evidence and criminal record records, one copy of the judgment, and one copy of the non-prosecution decision;

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