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

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

Criminal facts

The facts of the cause of the application for medical treatment and custody [criminal fact] The defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendants") committed violence against the victim's body beyond the sick floor of the sick room, taking the part of the victim's body, taking the part of the sick room and taking part in the other hand, and taking part in the other hand, on May 26, 2016, when the victim E (57 years old) was hospitalized in the D Hospital located in Heung-gu D Hospital in Geung-gu, Gosi-gu, Young-si, Young-si. Around 15:10 on May 24, 2016, the victim E (the victim E(57 years old) who is the patient of the same mental hospital was suffering from the victim's body, taking part in the other hand, and caused the victim's death at the Gecheon-gu Hospital on May 26, 2016.

[Fact that constitutes a cause for filing a claim for medical treatment and custody] The Defendant is a person who commits a crime of assault by imprisonment without prison labor or heavier punishment under the circumstance that the Defendant is unable to discern things or make decisions, and needs to receive medical treatment at a medical treatment and custody facility in light of the circumstances of the crime

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, J, K, and L;

1. A copy of the investigation report (the relative investigation of the doctor of a G hospital who operated the victim), documents submitted by the G hospital, documents submitted by the D hospital, CCTV images and site photographs, and the receipt number of the case records of change from No. 2016-11198;

1. A written autopsy and appraisal;

1. An investigation into and reply to the judgment;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances acknowledged by the evidence of the judgment, namely, ① the Defendant committed the instant crime without control even though he was hospitalized at a mental hospital at the time of the instant crime, as a person who had been repeatedly discharged at the mental hospital for a long time from 2003, and ② the Defendant’s intent.