The request for the treatment and custody of this case is dismissed.

1. A person for whom a care and custody application is filed is a foreigner of Cambodia’s nationality, and a person who enters the Republic of Korea as a non-professional employment (E-9) around June 17, 2016 and currently stays in the Republic of Korea.

The following crimes have been committed under the condition that the applicant for the treatment and custody has no ability to discern things by mental fission, or without decision-making ability:

A. On November 14, 2016, a care and custody applicant for intrusion into a room, entered the “D’s singing room” located under Suwon-si C, Suwon-si, Suwon-si, and demanded the victim E (the 57-year-old age), who is an employee of the room, to relet the room. However, the victim rejected the request. However, he/she intruded into a room at one end of the singing room by making use of the gap in which he/she reported his/her duties.

B. On November 15, 2016, at around 04:00, a care and custody applicant for property damage suffered damage: (a) opened a door-to-face in a cresh in which the first window of the passenger car in the Glocket owned by the victim F is opened and damaged by destroying the front window, container so as to have the repair cost of KRW 4,926,350; (b) opened a plant in the form of a spash in the market value owned by the victim and damaged the front window, container so that the repair cost can be reduced to KRW 4,926,350; and (c) damaged the plant in the form of a spash in the market value owned by the victim.

As such, a person who has committed a crime equivalent to imprisonment without prison labor or heavier punishment in the state of loss of mental or physical disorder by a mental disorder and needs to receive medical treatment at a medical care and custody facility, and is in danger of recidivism.

2. Determination

A. According to the former Medical Care and Custody Act (amended by Act No. 13525, Dec. 1, 2015; hereinafter the same), a person who committed a crime entailing imprisonment without prison labor or a heavier punishment in the state of mental or physical disorder may be deemed to be subject to the medical care and custody (see Article 2(1) of the former Medical Care and Custody Act). Meanwhile, not only the risk of recidivism but also the need for the medical treatment at a medical care and custody facility (see Article 2(1) of the same Act).