2015Gohap371 Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)

(h) An injury with special name of a crime (a certified crime)

2016 high-ranking3 (Joint Medical Treatment and Custody)

Applicant for Medical Treatment and Custody

A person shall be appointed.

OO (prosecutions) , ○○, ○○○ (Public Trial)

Attorney ○○○ (Non Line)

April 27, 2016

A defendant shall be punished by imprisonment for three years.

One seized 쇠 (No. 1) shall be confiscated.

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

Facts constituting crime and request for medical treatment and custody

[Criminal Facts]

Defendant and applicant for medical treatment and custody (hereinafter referred to as Defendant and applicant for medical treatment and custody) were mentally ill persons with symptoms, such as alcohol mental disorder, damaged net condition, and patri, and were mentally ill persons with mental disorder, whose decision-making capacity has been deteriorated due to such increase of capacity as above, on October 13, 2015: around 10: (a) the victim B (the 69-year-old apartment) was living under the same OOOO on the ground that it cannot be known from the front corridor of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, ○○○○○○, OOOOOOOOO head (○○○○ apartment) around 10; (b) the victim was humped with hump; and (c) the victim was humped with the body of the victim and humped with the body of the victim’s body, and hump the body of the victim’s body, which is a dangerous object.

【Facts of Grounds for Requests for Medical Treatment and Custody】

As above, the Defendant has been in a state of mental disorder whose decision-making capacity has been lowered, and has committed a crime corresponding to imprisonment without prison labor or heavier punishment, need to receive medical treatment at a medical treatment and custody facility, and there is a risk of

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Statement to the effect that seizure from the defendant has been effected one of the hacks recorded in the seizure protocol;

1. Each description of a medical certificate (victim) and notice of the result of a mental diagnosis (defendant);

1. Images of parts and parts of the victim's body and photographs of the damaged field;

1. The need for the treatment of the case and the risk of recidivism: The following circumstances revealed by the above evidence and the defendant's written judgment and the summary order: ① the defendant was diagnosed to have alcohol mental disorder, alcohol dependence, and several times in the past during the mental appraisal procedure conducted during the trial of the case; ② the defendant committed several violent crimes in the past; ② the defendant, not only at the time of the instant crime but also at the present time, shows symptoms of the damage network, network, relation, damage accident, non-conceptic accident, hearing, judgment, unstable emotional decrease, and impulse ability decrease. Thus, the possibility of again preventing violent crimes, such as the instant crime, cannot be ruled out. ③ In light of the defendant's current family relationship, etc., the possibility of improving the current mental disorder and personality and behavior might be low without the aid of the medical treatment and custody facility of the case; ④ The defendant needs to receive medical treatment and custody at the facility without the aid of the medical treatment and custody facility of the case.

Application of Statutes

1. Article applicable to criminal facts;

Articles 258-2(1) and 257(1) of the Criminal Act

1. Statutory mitigation;

Articles 10(2) and (1) and 55(1)3 of the Criminal Act.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

The reasons for sentencing under Article 2(1)1 of the Medical Treatment and Custody Act and Article 10(2) of the Criminal Act include a state of mental disorder in need of medical treatment at the time of committing the crime, but on the grounds that it is impossible to understand, the Defendant committed assault and injury to the dead body, which is a dangerous object, for the reason that it could not be understood. Nevertheless, the Defendant did not make any effort to recover damage. In addition, the Defendant did not make any effort to recover damage. In addition, the Defendant’s punishment is determined as ordered in light of all the sentencing factors specified in the instant pleadings, such as the Defendant’s age, character and behavior, growth environment, family relationship, and health status.

jury verdict and sentencing opinion

1. A verdict of a prosecuted case;

(a) A verdict of guilt or innocence;

7. Opinions of guilt of only seven jurors

B. Opinions on sentencing

Imprisonment with prison labor for one of two years and six months for a juror, three years for a juror, and three years for a juror.

2. A verdict on the medical treatment and custody case concerned;

Opinions of 7 jurors for only one jury

Judges Lee Jae-hee

Judge Lee Lee-soo

Judges Kim Gin-han