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(영문) 인천지방법원 2015.10.14 2015고합534
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

In addition, the facts of the cause of medical treatment and custody [criminal facts] Defendant and the requester for medical treatment and custody (hereinafter referred to as “Defendant”) committed the following crimes under the state of separation of right and decision-making ability due to the fact that they committed the following crimes:

At around 11:10 on September 1, 2014, the Defendant: (a) displayed the knife D having passed from the 1st floor of the Yeonsu-gu Incheon Building A, Yeonsu-gu, Incheon without any justifiable reason, and (b) took witness, the victim E (59 years of age) was F, a security team employee of the Defendant, and used a knife (11cm in knife length) that is an object dangerous to the victim of the knife, and used the victim.

[Facts that cause of medical treatment and custody] The Defendant committed a crime corresponding to imprisonment without prison labor or heavier punishment, as stated in the facts constituting a crime in the judgment, while lacking the ability to discern things or make decisions, needs to receive medical treatment at the medical treatment and custody facility and risks of recidivism

Summary of Evidence

【Criminal Facts in the Market】

1. Each statement about witness E and F in the fifth trial records;

1. Records of seizure, list of seized articles, photographs of seized articles and photographs of CCTV images;

1. The written appraisal [the defendant denies the crime of this case, but if the CCTV images are added to the testimony of the witness E and F with credibility, it is recognized that the defendant put a knife on the victim E as stated in the crime of this case] / [the necessity of the timely medical treatment and danger of recidivism] acknowledged by the evidence of each judgment, and the character and conduct of the defendant, the defendant needs to receive medical treatment at the medical treatment and custody facility, and there is a risk of recidivism unless proper medical treatment is provided.

① The Defendant shows symptoms on the network of damage caused by an over-the-counter disease, is very unstable in terms of character, and is not in control of decentralization and enemy ties. In particular, the Defendant is extremely vulnerable to others.

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