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(영문) 수원지방법원 성남지원 2014.09.25 2014고합49
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") are the following crimes in the state that they lack the ability to discern things or make decisions due to the illness of hospital C, etc. from August 31, 2012 to July 16, 2013 due to the symptoms, such as the damage network, over-the-counter, pulmonary accidents, and exchange rate, etc., and they need to receive medical treatment at the medical treatment and custody facility, and there is a risk of recidivism.

On August 27, 2012, the Defendant: (a) around 14:00 on August 14, 2012, at night trees near the house of the victim E (the age of 55) located in the Gyeonggi-si, Gwangju-si, the Defendant: (b) at night, “The victim was suffering from the south’s land and was at night; (c) about 1m of the dangerous object held on the ground that he was called as “the victim was soon as soon as possible; and (d) about 1m of the victim’s head at once; (d) the victim’s face was 10 times after the victim was put, and (e) the victim’s body was fested twice from the treatment days to the victim several times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A photographic photo of the injured party, or a photograph of the criminal tools;

1. A criminal investigation report (verification of hospitalization of a mental hospital of a suspect), and an investigation report (report accompanied by a copy of medical records of a victim);

1. The need for medical treatment and the risk of recidivism: According to the evidence and the statement of the mental appraisal statement as seen earlier, the Defendant was hospitalized in C Hospital from August 31, 2012 to July 16, 2013, and even until now, shows the symptoms of the occurrence of damage and the occurrence of actual judgment, and thus, the Defendant is in need of medical specialized treatment.

The defendant has been accused of having been punished several times for violent crimes or has been punished for criminal punishment, and it seems that aggressive tendency caused by mental division was the cause of such aggressive tendency.

The defendant's will to voluntarily treat the defendant.

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