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(영문) 서울북부지방법원 2018.12.21 2018고합408
미성년자약취등
Text

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

In the state that the Defendant lacks the ability or decision-making capacity to discern things due to Cho-dong disorder, etc. on July 3, 2017, around 15:30, the Defendant 2018, 408, placed the victim C(9 years of age) at the front of the 106-dong apartment complex only in the middle of the 106-dong-ro, Seoul Special Metropolitan City, Nowon-gu, and laid the 1stm of the 1st century in the front of the 106-dong apartment, and forced the taxi to move from the 1st place to the vicinity of the 195-2nd of the 195th day.

Ultimately, the Defendant kidnapped a minor.

Around 21:00 on January 14, 2018, the Defendant, “2018 Gohap 409,” said, “E” to the victim FF (38 years old) who was going on a way to the way without any justifiable reason, while gathering the disease, which is a dangerous object cited in his/her hand, into the head of the damaged person, was collected once, and then was charged with the victim’s face at the same time. Then, the Defendant took the victim’s face to the victim who was on the same day as he/she did not have the ability to discern things or make decisions on his/her ability to discern things due to his/her trouble, etc.

Accordingly, the defendant abused the victim by using dangerous things.

[Fact of the cause of the medical care and custody] The defendant is a patient with a mental disorder who has a physical disorder and has weak physical strength and decision-making ability at the time of committing the crime, and has committed the crime above, which constitutes a punishment of imprisonment without prison labor or heavier. Although it is necessary for a mental and medical treatment for the illegal period, it is not possible to expect the protection and management of his/her guardian such as his/her family members, it is necessary to provide the same kind of medical care and custody facility.

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