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(영문) 서울남부지방법원 2018.06.01 2018고합195
존속상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

A seized air conditioning.

Reasons

Criminal facts

Defendant and a person who has weak the ability or decision-making ability to discern things due to the early illness of 2018, 195, Defendant and the person who filed for the medical care and custody (hereinafter referred to as “Defendant”) in 2018.

From around 00:00 on January 17, 2018 to around 06:30 on the same day, the Defendant inflicted injury on the victim E (V, 76 years of age) who was born in drinking and crypt (Evidence No. 1) for drinking and cooling and receiving plastic diskettes (Evidence No. 1) without any justifiable reason when considering the face part of the victim E (V, 76 years of age) who had been released from the hospital at the Hanam-si’s residence, and was under diving due to Cho-si’s temporary discharge.

The Defendant, from around 2007 to 2007, had been hospitalized in D Hospital, F mental hospital, G hospital, H mental hospital, I mental hospital, etc., and had been hospitalized in the area of early illness, and committed the above crime under the lack of the ability to discern things or make decisions due to mental or physical disorder.

In light of the mental and physical condition of the Defendant, the motive, circumstances, and details of the instant crime, the circumstances before and after the crime, and the age and living environment of the Defendant, it is necessary to undergo medical treatment at the care and custody facility for the Defendant and to risk recidivism

Summary of Evidence

1. Statement made by the police for E;

1. On-site and damaged photographs, and photographs of the suspect at the time of arrest;

1. A report on internal investigation (netly 1);

1. Investigation report (a counter investigation by witness, such as victim statement) and accompanying documents (a net time 15) / [In full view of the evidence duly adopted and examined by this court, although the defendant alleged that he/she did not commit a crime as indicated in the judgment, it is recognized that he/she inflicted an injury on a lineal ascendant or descendant as stated in the judgment of the defendant

1. The following circumstances revealed through the need for treatment as indicated in the judgment and the record on the risk of recidivism, i.e., the Defendant under the on-site diagnosis.

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