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(영문) 서울남부지방법원 2018.11.15 2017고합523
특수상해미수
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A defendant shall be punished by imprisonment for one year.

The excessive two meta (No. 1 and 2) seized shall be confiscated, respectively.

Reasons

Criminal facts

The facts of the cause of the treatment and custody / 【Criminal facts’ / The victim D (32 years old) who was an employee of the apartment management office of Yeongdeungpo-gu Seoul Metropolitan Government around March 8, 2017, visited the victim in order to verify his/her health condition of the E-mail at around 09:50,000, while the victim was under the influence of making a decision on his/her ability to discern things due to mental and physical disorder, such as the damage caused by Cho's damage caused by Cho's death, e-mail and brut accident, decline in impulse ability, unstable emotional condition, difficulty in judgment of reality, lack of path, etc., the victim’s face / her face by carrying the victim’s her knick and sound at his/her house, but the victim was under the influence of 200 meters long and 13 meters long and 20 meters long and 20 meters long and 13 meters long and 3 meters long of the victim’s face.

【Fact that constitutes the cause of the treatment and custody】 Defendant needs to receive treatment at the facilities for the treatment and custody and has the risk of reoffending.

Summary of Evidence

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. A photograph of excessive (No. 1 and 2) used for committing an offense, a report processing table 112, a victim's photograph, and a written confirmation of hospitalization;

1. Necessity of treatment as indicated in the judgment and risk of repeating a crime: The application of the F's mental appraisal report, G hospital medical records, and medical certificate to statutes;

1. Articles 258-2 (3) and (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 2 (1) 1 of the Act on the Medical Treatment, Care, Custody, Medical Care, etc.;

1. Scope of punishment: Imprisonment with prison labor for not less than six months but not more than five years;

2.The sentencing criteria shall apply.

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