A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The facts constituting the grounds for the application for medical treatment and custody [criminal records] Defendant and the applicant for medical treatment and custody (hereinafter referred to as “Defendant”) are currently under suspension of execution, which became final and conclusive on April 21, 2018 and became final and conclusive on April 21, 2018 by having been sentenced to two years of suspension of execution for special injury by the Seoul Northern District Court.

【Criminal Facts】

While the Defendant, as a person of Grade II intellectual disability, lacks the ability to discern things or make decisions, on July 23, 2018, while continuing to be a victim D (52 years of age) residing in the same dong in front of a restaurant located in the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, the Defendant “C” from the victim, “I am at home”, “I am at home,” and assaulted the victim two times by gathering plastics, which is a dangerous object located in front of the said restaurant, and then tried the victim two times again, and the victim again gets off one time, and caused the victim’s injury, such as tearing the tear of the left floor of the treatment days at the far left side of the treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

[Facts of Cause for Medical Treatment and Custody] The Defendant of 2019Noc. 3 had weak ability to discern things or make decisions due to intellectual disabilities, and committed a crime corresponding to imprisonment without prison labor or heavier punishment, and needs to receive medical treatment at a medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Evidence of the damage, photograph of evidence, description of suspect's appearance, on-site documentary evidence, and criminal motion pictures;

1. Previous convictions: Criminal history records, inquiry reports, investigation reports (verification of the same kind of force), Seoul Northern Site Act, and other written judgments, etc.;

1. The necessity of treatment in the judgment and the risk of recidivism: According to the above evidence and the notice of the result of appraisal, the defendant is presumed to have been a mental-minded state in which the ability to distinguish things and decision making ability has been deteriorated due to intellectual disorder at the time of committing the crime in the case.