Defendant

Defendant

Park Jae-hwan

Attorney Jin-type (Korean)

Chuncheon District Court Decision 2009Ra16 Decided February 10, 2009

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The thirty-seven days of detention prior to the pronouncement of the judgment below shall be included in the above sentence.

Seized evidence No. 1 shall be confiscated.

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

1. Summary of grounds for appeal;

The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

2. Determination

Examining the evidence lawfully adopted and examined at the lower court’s judgment prior to the Defendant’s argument in the grounds of appeal, the Defendant, without any reason, committed several assaults, such as taking away Korean goods from the victim Nonindicted Party 1’s house, and taking the victim’s face into drinking, etc., and 4 years have passed since the victim Nonindicted Party 2’s cafeteria was able to take food at the victim Nonindicted Party 2’s restaurant? The Defendant did not put his knife our body in four years? In light of the fact that the Defendant stated that “the Defendant would die and throw away his knife with knife,” and that Nonindicted Party 1 did not appear to have been able to take into account the circumstances of this case’s knife’s knife and knife’s knife and knife’s knife and knife’s knife and knife’s knife’s c.

3. Conclusion

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the judgment is rendered again as follows, but the prosecutor also determines the medical treatment and custody claim requested by the prosecutor in the trial

The defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendant") committed the following crimes in a state that they have a mental disorder and lack the ability to discern things or make decisions, and in the present situation, there is a need to receive medical treatment at the medical treatment and custody facility and there is a risk of recidivism.

1. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.);

At around 19:00 on January 4, 200, the Defendant, without any justifiable reason, expressed the victim’s attitude in the “○○ cafeteria” operated by Nonindicted Party 2 (Min, 66 years of age) in the Hanju-si (number 1 omitted), that “The Defendant expressed the victim’s desire to kill the victim by putting the victim’s knife, which is a deadly weapon (14cm in the knife length), her four years of age, and not her four years of age, and her will to kill the victim by knife his knife his four years of age.”

2. Interference with business;

The Defendant, at the same time and at the same place, obstructed the victim Nonindicted 2’s operation of the restaurant by force by avoiding disturbance, such as citing and threatening a deadly weapon for about 20 minutes, thereby getting out of the above restaurant.

3. Violation of the Punishment of Violences, etc. Act.

피고인은 2009. 1. 5. 10:30경 원주시 중앙동 (지번 2 생략)에 있는 피해자 공소외 1(39세)이 운영하는 ‘ □□’ 의류점에 들어가 아무런 이유 없이 피해자에게 “한국 상품을 가게에서 빼라. 개새끼, 너 같은 새끼는 죽여버리겠다”라고 말하면서 양 주먹으로 피해자의 얼굴 부위를 수회 때려 넘어뜨린 다음 넘어진 피해자의 몸을 수차례 걷어찼다.

In addition, the Defendant collected plastics, which is a dangerous thing in front of the above way, and boomed the victim’s head head, and boomed the boom, which is a dangerous thing, and cut off the victim’s face, shoulder, and leg.

As a result, the Defendant laid the body of the bones, which requires treatment for about three weeks, to the victim.

The summary of the evidence of the above facts of crime and the reasons for custody is as shown in the judgment below.

According to the above evidence, the defendant committed the crime of this case under the status of mental fission, needs mental hospitalized treatment and pharmacologic treatment in the present condition, and there is a considerable probability to re-off the same crime as the crime of this case in the event of not undergoing medical treatment. Thus, the necessity of medical treatment and custody facilities for medical treatment and custody and the risk of recidivism are all acknowledged.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) (a) of the Criminal Act, Article 314(1)(a) of the Criminal Act, Article 314(1)(a) of the Criminal Act, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a person who carries a deadly weapon, etc.)

1. Mitigation of mental disorders;

Articles 10(2) and (1), and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2 (1) 2 of the Medical Treatment and Custody Act

Although the Defendant initially expressed a desire to the victims who were considered as having no justifiable reason, and carried a dangerous object with the victim Nonindicted Party 1, the Defendant was injured: Provided, That the Defendant led to a crime, committed a crime in a state of mental and physical disability, the degree of damage caused by the instant crime is not significant, and other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., which are conditions for sentencing, such as the circumstances after the crime, shall be determined by the order.

Judges Jeong Jong-sung (Presiding Judge)