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(영문) 대전지방법원 2015.12.23 2015고합58
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On December 13, 2011, the Defendant was sentenced to six months from the Daejeon District Court for the crime of causing property damage, and completed the execution of the sentence on May 5, 201.

【Criminal Facts and Grounds for Medical Treatment and Custody】 The defendant and the applicant for medical treatment and custody (hereinafter referred to as the “defendant”) need to provide medical treatment at a medical treatment and custody facility by committing a crime falling under the imprisonment without prison labor or a heavier punishment in the state that they lack the ability to discern things or make decisions due to mental or physical disorder resulting from a stimulic disorder, which shows a well aggressive and aggressive behavior, and are in danger of recidivism.

On December 22, 2014, at around 15:50 on December 22, 2014, the Defendant, without any justifiable reason, destroyed by the Defendant’s body, which was installed at the first floor parking lot of the Seo-gu Daejeon building C, Seo-gu, Seo-gu, Daejeon, with the victim D’s access blocking devices at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation;

1. Photographs;

1. Previous records of judgment: Inquiry reports, investigation reports (reports on attachment to accused-related cases), copies of judgment and current status of personal data processing;

1. The need for medical treatment as indicated in the judgment and the risk of recidivism: (a) the following circumstances acknowledged by an investigation report (a copy of a mental diagnosis report issued by a medical treatment and custody center), i.e., (b) the Defendant has been sentenced to two or more imprisonment with labor due to property damage, assault, etc.; (c) the Defendant requires a mental diagnosis result of a medical treatment and custody center for the Defendant; and (d) the Defendant was determined as likely to repeat a crime unless he/she receives a mental diagnosis; and (c) the Defendant, on August 20, 2013, was punished by a fine of KRW 50,000,000 from the Daejeon District Court, even if he/she was punished on December 22, 2014 by damage to public goods, thereby committing the instant crime; and (d) the Defendant’s environment at an appropriate level of medical treatment.

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