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(영문) 서울중앙지방법원 2014.01.23 2013고합1148
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for one year.

A person under medical treatment and custody shall be punished by medical treatment and custody.

In this case.

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal facts] The defendant and the person subject to medical treatment and custody application (hereinafter referred to as the "defendants") show a mental division increase, and the person lacks the ability to discern things or make decisions due to self-defeasible accidents, accident relief, judgment disorder, etc.

1. At around 17:20 on September 16, 2013, the Defendant entering a building, entering the building for the purpose of committing assault against the victim through the open entrance of the building in Gwanak-gu, Seoul Special Metropolitan City as follows 2.

2. The Defendant injured the victim by assaulting the victim at a time, at the same time, at the same time as the above 1.m., the victim D (n, 25 years of age) and in accordance with the above 4.m., the victim was aboard the elevator, and the elevator door was cut back with the victim's own hand, and when the victim was threatened with the victim's face, he saw the victim's part of the part of the victim's seat as his hand, and forced the victim to take over the victim's chest by hand when the victim's face can be taken by hand, and then the victim was faced with the victim's breast part of the victim's chest, such as the left luminous bones, etc. requiring the victim's treatment for about two weeks.

Accordingly, the defendant assaulted the victim and thereby inflicted an injury that requires approximately two weeks of medical treatment on the victim.

[Facts of Grounds for Medical Treatment and Custody] The Defendant needs to provide medical treatment in a medical treatment and custody facility as a mentally handicapped person who commits a crime punishable by imprisonment without labor or heavier punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the victim prepared by the police;

1. A medical certificate of injury, each medical certificate, a duplicate of medical records, a medical opinion, and the result of a functional examination;

1. A victim's photograph, CCTV image CD, or bodily injury cover photograph;

1. The point of the judgment of mental and physical disability: The suspect's admission, confirmation of discharge, appraisal, and investigation report (A's report attached thereto);

1. Necessity of medical treatment and custody as indicated in the judgment and risk of recidivism: Records;

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