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(영문) 의정부지방법원 고양지원 2020.02.11 2019감고3
치료감호
Text

The medical treatment and custody claim of this case is dismissed.

Reasons

A person subject to medical treatment and custody is in the state of having no ability to discern things or make decisions due to mental or physical disorder, such as a man's illness, and is in front of the house of the victim C of the apartment building B in Yongsan-gu, Mangyeong-gu, Mangyeong-gu, Goyang-si on June 23, 2019 (in women, 77 years old), without any justifiable reason, who has committed a crime corresponding to imprisonment without prison labor or heavier punishment (hereinafter "the crime of this case") by destroying the market price of the victim's pande and destroying the pande (hereinafter "the crime of this case"), and there is a need to receive medical treatment at the medical treatment and custody facility, and there is a risk of again preventing the crime.

Judgment

Comprehensively taking account of the evidence duly adopted and examined, such as the applicant for medical treatment and custody, the victim's statement, criminal records, confirmation of hospitalization and discharge, and medical records, the applicant for medical treatment and custody shows mental disorder symptoms, such as ① 5 to 6 years ago, and the applicant for medical treatment and custody took a disposition of suspension of indictment by committing the crime of intrusion on the structure before the several months of this case. ② The applicant for medical treatment and custody showed an abnormal behavior, such as finding the victim's home at ordinary times and leaving the victim's home in the crime of causing damage to the property of this case. ③ The applicant for medical treatment and custody was hospitalized for more than 6 months immediately after the crime of this case. It is recognized that the applicant for medical treatment and custody was diagnosed as having been in need of continuous medical treatment and custody as he was under the circumstance that he was suffering from excessive disorder, lack of ability to verify reality, and at any time he was aware of a sudden change

According to this, an applicant for medical treatment and custody is deemed to need to receive medical treatment by reducing a crime that damages property under the condition that the person has no ability to discern things or make decisions due to mental or physical disorder. On the other hand, in light of the fact that the instant crime and the previous crime are minor crimes, family relation, medical treatment experience and details, etc., the applicant for medical treatment and custody shall be provided at a medical treatment and custody facility that is based on compulsory confinement by a State agency, other than general hospital

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