A defendant shall be punished by imprisonment for not more than ten months.

A person who applies for a medical care and custody shall be punished.

Punishment of the crime

[Defendant’s criminal history and alcohol dependence] The Defendant and the person who filed for the medical care and custody (hereinafter “Defendant”) was sentenced to imprisonment with prison labor for injury, etc. at the Busan District Court on October 17, 2013 and completed the execution of the sentence at the Busan Detention Center on September 3, 2014.

From November 16, 2015 to March 16, 2016, the Defendant was hospitalized at C Hospital for the use of sporadic explosive disorder, anti-social personality disorder, drugs and water exemption from employment volume on the ground of alcohol dependence symptoms, and showed extreme anti-social inclinations and impulse explosion tendency during the period of being hospitalized. The Defendant was forced discharged on March 16, 2016 due to assault and repeated drinking in C Hospital.

[2] On March 22, 2016, the Defendant, while drinking together with the victim E (son, 45 years of age) at the residence of the victim E (son, South and 45 years of age), was killed by the victim, due to the misunderstanding that the victim excluded the Defendant from the shipbuilding yard’s work, and caused the victim’s face at least five times as drinking for about four weeks, on the ground that he/she was making a dispute, and caused the victim to suffer approximately four weeks of treatment.

The Defendant, who had the habit of alcohol consumption, committed the instant crime corresponding to imprisonment without prison labor or heavier punishment while forced discharge as above and depending on drinking. As such, it is necessary to receive medical treatment at the treatment and custody facility, and there is a risk of recidivism in light of the same criminal record.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against the victim;

1. A damaged photograph;

1. Written expert opinion and reply to the injured party;

1. Written inquiry about criminal history, etc.;

1. A criminal investigation report (attaching the results of search of suspects and attaching them to the same power judgment, etc.);

1. The necessity of treatment as indicated in the judgment and the risk of recidivism: The evidence as indicated in the judgment and the medical records of the accused can be considered as a whole;