(영문) 서울서부지방법원 2014.12.16 2014고합189

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2014.12.16 2014고합189

강도상해

Text

1. The defendant shall be punished by imprisonment for three years;

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

3. The case.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") entered the toilet where the victim C (30 years of age) was talked with the victim in the red children's play room in Mapo-gu Seoul Metropolitan Government on July 8, 2014 and talked with the victim's ability to discern things or make decisions with the mental and behavioral disorder caused by harmful use of alcohol. The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") were under the influence of alcohol. On July 8, 2014, around 04:40, the victim's face was under the influence of alcohol and went to the toilet where the victim's talked with the victim C (30 years of age). The victim tried to take money and valuables from the victim who entered the toilet according to the defendant, and sealed the victim's face in a two-round square manner, and 100 billion won was under the influence of the victim's cell phone and one half of the market price.

As a result, the Defendant took the victim's property by force, and added up the detailed unknown address that requires the victim's treatment for about two weeks.

[Facts that constitute a cause for medical treatment and custody] The Defendant is a mentally handicapped person who lacks the ability to discern things or make decisions, and is punished by robbery or injury corresponding to imprisonment without prison labor or heavier punishment, needs to be treated at a medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each statement made with respect to C and D prepared by the assistant judicial police officer;

1. Seizure records prepared by a judicial police officer;

1. Investigation report prepared by a judicial police officer (Submission of a written diagnosis of a victim, and CCTV investigation by red-ball CCTVs);

1. Diagnosis of the preparation of doctor E, notification of the results of diagnosis of doctor F and G preparation;

1. Photographss of the upper part of the victim, and CCTV images of the red play machine;

1. Judgment.

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