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(영문) 광주지방법원 2014.04.25 2013고합595
상해
Text

A defendant shall be punished by imprisonment for six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Punishment of the crime

Defendant

A candidate for medical treatment and custody (hereinafter referred to as the "defendant") is a person in a state of mental disability with which it is difficult to act as his/her own will, if he/she finds a request to return due to mental disorder, such as depression, editing certificate, and obsive personality disorder from 2008.

On October 2, 2013, at around 01:00, the Defendant sent back to the house located in Gwangju North-gu, Gwangju, for the Defendant to see the Dong Dong Dong Dong Dong Dong Dong Dong-dong at around 06:00 of the same day, and then, at around 06:00 of the same day, he was injured by the victim D (54 years old), who is under the Security Department (54 years old), with the head of Si/Gun/Gu, after hearing the head of Si/Gun/Gu, “if she wishes to live, she must die when she would return to her home, she must die at the time she would return to her home.” At around 06:00 of the same day, the Defendant sawd the victim’s face without any discriminatory price for approximately 6 weeks of treatment.

The Defendant, as seen above, has weak ability to discern things or make decisions and committed a crime corresponding to imprisonment without prison labor or heavier punishment, needs to receive medical treatment at a medical treatment and custody facility in order to prevent a sudden aggressive act, etc., and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Each investigation report (in addition, etc. to a medical certificate regarding A Mental Diseases, attach a medical opinion, and attach a criminal suspect, mental illness, and applicable Acts);

1. A medical certificate;

1. The need for medical treatment and custody as indicated in the judgment, the risk of recidivism: The following circumstances acknowledged by the evidence duly adopted and examined by the present court, namely, ① the Defendant received medical treatment from Sep. 4, 2008 to Sept. 11, 2013 due to other mental disorder, other depression disorder, and the lave hospital, etc., and was not arbitrarily taken place from Oct. 4, 2013; ② the Defendant was under medical treatment at the Ganyang Hospital again from Oct. 4, 2013, after the instant crime.

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