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The prosecution of this case is dismissed.
The request for medical treatment and custody for a candidate is dismissed.
Reasons
2013Gohap8
1. The summary of the facts charged is as follows: (a) the Defendant was diagnosed by the military, etc. using alcohol and lacks the ability to discern things or make decisions; (b) on January 7, 2013, when the Defendant received 112 reports in accordance with the cost of singing practice in the singing practice room located in the Cheongju-si, a police officer E, and the victim F, who called “The victim E and the victim F, who called the Defendant, sent to the police officer, after receiving 112 reports according to the cost of singing practice in the singing practice room located in the Cheongju-si, a considerable amount of time from January 19:40, 2013; and (c) without any justifiable reason, insulting the victims of the instant facts by saying, “The victim E, who was a police officer, and the victim F, who called the victim E and the victim F, who had a singing practice.
2. We examine the judgment. The facts charged of this case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim's complaint under Article 312 (1) of the Criminal Act. According to the statement of withdrawal of complaint and written applications submitted to this court, E and F can be acknowledged as facts of revocation of complaint against the defendant on February 19, 2013, after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act. It is so decided as per Disposition.
2013 Dismissal2
1. An applicant for medical treatment and custody is a person who has committed each crime corresponding to imprisonment without prison labor or heavier punishment as stated in the summary of the above facts charged and has committed two times the same criminal records, obstruction of business, and obstruction of performance of official duties, and is currently hospitalized in a mental hospital due to alcohol use dependence group;
2. The term "risk of repeating a crime which meets the requirements for medical treatment and custody judgment" means a case where it is highly probable that a candidate for medical treatment and custody has committed a crime again by causing his/her mental or physical disorder in the future, and the existence of such danger shall constitute a cause for causing the danger to the candidate for medical treatment and custody, and the details of