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

A person subject to medical treatment and custody who is hospitalized in the "D Hospital" (hereinafter referred to as the "instant hospital"), which is a mental disorder in C, was in a state of ability to discern things or make decisions due to mental division.

피치료감호청구인은 2011. 9. 23. 17:30경 이 사건 병원 305호실에서, 피해자 E(59세)의 저녁밥을 뺏어 먹자 피해자가 화를 내며 따진다는 이유로 주먹으로 피해자의 얼굴을 때려 넘어뜨리고 계속하여 발로 그의 배와 등을 밟고 걷어차는 등 폭행을 가하였다.

As a result, the victim died from the 05:55 on the 25th day of the same month by being treated at the F Hospital in the Gangnam-gu Seoul Metropolitan City on the 25th day of the same month.

As a result, an applicant for medical treatment and custody has committed violence to a victim and caused the death of the victim, and the applicant for medical treatment and custody is currently in a state of mental disorder and is in danger of recidivism and requires medical treatment at the medical treatment and custody facility

Summary of Evidence

1. Each legal statement of witness G and H in part;

1. Each police statement to I, G (including the part in which the J’s statement is written), and K;

1. Each written statement of K, L, M, and J;

1. A death certificate, each medical record certificate, each medical examination department, the results of the examination, opinions, and each medical report;

1. A certified public appraiser N, a certified public appraiser and a certified public appraiser of the National Scientific Investigative Research Institute;

1. A statement of hospitalization, a written application for hospitalization, each photograph, internal investigation report (Evidence No. 136 page), written consent to hospitalization, written consent to hospitalization and guarantee, and on-site photographs;

1. The necessity of the medical treatment and the risk of recidivism: The following circumstances recognized by the above evidence, namely, the applicant for the medical treatment and custody committed the instant crime in the state of mental disorder where the ability to distinguish things and decision-making ability are considerably lacking despite the fact that the applicant for the medical treatment and custody has received the medical treatment at a long-term mental hospital, and the applicant for the medical treatment and custody committed the instant crime in the state of mental disorder; the applicant for the non-conceptic