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(영문) 서울중앙지방법원 2014.07.17 2014고합614
폭행등
Text

As to the crimes of Article 1 of the judgment of the defendant, five months of imprisonment and one month of imprisonment, respectively, for the crimes of Article 2 of the judgment.

Reasons

Criminal facts

On March 27, 2014, the Defendant and the candidate for medical treatment and custody (hereinafter referred to as the “Defendant”) were sentenced to a suspended sentence of two years for a period of imprisonment with prison labor for four months at the Eunpyeong District Court Sejong District Court, and the said judgment became final and conclusive on April 4, 2014.

1. A assault (2014 Gohap614) was committed on April 15, 2014 when the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder, and around April 17:10, 2014, the Defendant discovered the victim C (33 years of age) who was married before the entrance of the Seoul Central-gu Uniform-ro 1, Jung-gu, Seoul, and used the victim’s right face at one time by drinking on his own without any reason, and used the victim’s right side right side by walking back the floor.

2. Fraud (2014Gahap689) was committed as if the Defendant did not have the ability to discern things or make decisions due to mental or physical disorder, and was committed as if he did not have the intent or ability to pay the value of the things to the victim F at the E Convenience store located in Yongsan-gu Seoul, Yongsan-gu, Seoul on February 13, 2014, and acquired them by deception by purchasing one 21,300 won in total of the market value of the things at that place, and by failing to pay the said value even if he did not pay the said value.

[Fact that constitutes a cause for medical treatment and custody] The defendant was hospitalized in a public medical treatment and custody center from May 2, 1995 to March 26, 1999 by the Daejeon High Court for the medical treatment and custody.

The defendant has committed a crime corresponding to imprisonment without prison labor or a heavier punishment in the state that he/she lacks the ability to discern things or make decisions due to mental illness, as stated in the first crime in the judgment, and needs to receive treatment at a medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

【Criminal facts of No. 1】

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement G and H [the facts constituting the crime set forth in Article 2 at the time of sale];

1. The defendant;

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