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(영문) 수원지방법원 성남지원 2016.09.22 2016고합178
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

In addition, under the state that the Defendant and the requester of the medical care and custody (hereinafter referred to as “Defendant”) lack the ability to discern things or make decisions due to the network-type illness, the following crimes need to be treated at the medical care and custody facility for committing the following crimes, and there is a risk of recidivism.

On March 22, 2016, the Defendant took a bath to the Victim K (56 taxes) who was under the influence of alcohol on the street in front of the JJ in Sungnam-si, Sungnam-si on March 22, 2016, without any reason.

"The wooden machine, which is a dangerous object in possession, appears to be inside the victim, and the part of the victim's head was flicker against the victim, and the victim's head was flicker once, and the victim's head was flicker once, and the victim's head was flicker, and the victim's head, face, and arms were flicker, so the victim's head, face, and arms were flicker so that the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Two-time suspect examination protocol against the accused (including the A's statement protocol);

1. Statement by the police concerning L;

1. A mental appraisal report;

1. Investigation report (the details of mental treatment A by the suspect), investigation report (the telephone investigation by a witness L);

1. The photograph of the damaged part of the victim's K;

1. The need for treatment and the risk of recidivism: (a) the following circumstances acknowledged by the evidence revealed earlier; (b) the Defendant was receiving treatment from around 2010 due to a mental disorder, etc. due to mental division; (c) the Defendant’s mental evaluation results; (b) the Defendant shows symptoms of a dead-end mental disorder, such as the damage network, refund, and actual judgment disorder; and (c) the Defendant was punished by a fine for an injury on July 28, 2014.

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