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A defendant shall be punished by imprisonment for not more than ten months.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
Reasons
Criminal facts
On April 3, 2014, the Defendant and the applicant for medical treatment and custody (hereinafter referred to as “Defendant”) were sentenced to imprisonment with prison labor for a crime of intimidation, etc. at the Gwangju District Court Branch Branch on April 3, 2014, and completed the execution of the above sentence on December 13, 2014.
【Criminal Facts】 The Defendant had been sentenced to one year of imprisonment with prison labor for the following reasons: (a) the Defendant, prior to about ten (10) years, had caused damage to the community due to the fact that C, who had resided in the community, had a weak mental disorder; and (b) around December 4, 2013, the Defendant threatened C to the effect that “I wish to escape where I would like to escape or die in the community so created; and (c) was sentenced to one year of imprisonment with prison labor.”
1. At around 14:00 on December 13, 2014, the Defendant: (a) opened a “F” building managed by the victim E in Naju-si; and (b) entered the said building and intruded on the building managed by the victim.
2. The Defendant cut off the kitchen knife at the time and place under the above paragraph (1) by taking the kitchen knife equivalent to KRW 20,00,00 in the market price owned by the victim E.
3. On December 13, 2014, the Defendant was in violation of the Punishment of Violences, etc. Act (e.g., a person committing a crime) in the National Highway Nos. 23 of 23 on the ground of Nabju city around December 13, 2014, in accordance with the foregoing paragraph 2, a stolen kitchen and kitchen knife (29cm in total length, 18cm in knife length) was put into a boom and was moving to a residential room where C resides.
As a result, the defendant carried the kitchen knife, which is a dangerous object that is likely to be used for crimes under the Punishment of Violences, etc. Act.
The defendant of the Medical Treatment and Custody Cause" has a mental disorder caused by chronic mental disorders around 2005 and continuously requires drug treatment, etc., but the mental disorder becomes worse and lacks the ability to discern things or make decisions due to such mental disorder.