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(영문) 수원지방법원 안산지원 2015.09.04 2015고합158
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2. Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Criminal facts

Medical Treatment and Custody and Facts

1. The criminal defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") spread from the victim's face to the victim's face, on April 28, 2015, when the victim D (33 years of age) stated that he/she is "slick ......................." on the ground that he/she was living in G in luminous-si around April 23:50, 2015, the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants") had weak ability to discern things or make decisions.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant received hospitalized treatment at an E Hospital located in Kimpo-si due to symptoms, etc. around 2008, and received hospitalized treatment at the same hospital as the same hospital around 2009.

After the crime of this case, the doctor F of the National Hospital affiliated with the National University of Seoul shows symptoms of the defendant, such as exchange, overcoming and religious aggressive, and the continuation of aggressive behavior, etc., the defendant was diagnosed as a colon. It stated that the defendant would have been in a state of mental disorder at the time of the crime of this case.

As such, the Defendant committed the instant crime in a state that he or she lacks the ability to discern things or make decisions due to the on-site illness and needs to receive treatment at the treatment facility, and is in danger of recidivism.

Summary of Evidence

1. Criminal facts;

(a) Defendant's legal statement;

B. Statement of the police against D

(c) Police seizure records;

(d) Each photograph;

2. Facts of grounds for medical treatment and custody;

(a) A copy of a mental appraisal report;

B. Application of police investigation report (report on attracting appraisal) statute

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

2. Articles 10(2) and (1) and 55(1) of the Criminal Act, which are statutory mitigation;

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