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(영문) 서울남부지방법원 2016.03.25 2015고합383
폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

In addition, the facts of the cause of the medical care and custody / Defendant and the requester for the medical care and custody (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for obscene acts, etc. at the Seoul Southern District Court on May 29, 2014 and completed the execution of the sentence on March 6, 2015.

The Defendant had been hospitalized on 15 occasions from March 12, 2007 to December 26, 2012 by a medical corporation which was demoted from the mental division of a pen hospital and received hospitalized treatment from the mental division of a hospital on 15 occasions.

The defendant committed the following crimes under the circumstances where the defendant lacks the ability to discern things or make decisions due to such circumstances.

On September 10, 2015, the Defendant: around 10:20, the Defendant: (a) carried out fat-care centers around the New Don Park Park, Yangcheon-gu, Yangcheon-gu, Seoul; (b) fat-ro, 88, fat-ro, and fat-only fat-to-fat-house fat-house; (c) intending to sit on the fat-house; and (d) fat-houseed the Victim C (V), a child care center childcare teacher, fat-house fat-in-house fat-house fat-house fat-in-house fat-in-house fat-do; (b) fat-in-house fat-do, the Defendant fat-in-house fated the victim’s shouldered the victim’s shoulder, and fated the victim’s fat

【Fact that constitutes the cause of the medical care and custody】 As such, the Defendant committed the above crime in a state that the Defendant lacks the ability to discern things or make decisions due to his or her physical state, such as a mental fission, and needs to receive medical treatment at the facilities for the medical care and custody, and is

Summary of Evidence

1. Entry of the defendant in part of the trial record on the first trial by court;

1. Each written statement C, D, and E;

1. Previous convictions in the judgment: A criminal investigation report (related to criminal records after the release of a detention house for a suspect), inquiry of criminal records, etc., a reply to inquiry of criminal records, etc., a report on the result of confirmation of the previous convictions, 【The need for treatment, and risk of re-offending' as indicated in the judgment of 【The mental and physical weakness, necessity for treatment, and risk of re-offending’

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