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

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

Criminal facts

On September 6, 2018, the Daegu District Court sentenced the Defendant to imprisonment with prison labor for 6 months and a fine of 100,000 won for property damage. On September 16, 2018, the Daegu District Court completed the execution of the punishment on September 16, 2018.

[Criminal facts] The Defendant is a person who lacks the ability to discern things or make decisions due to the current illness.

1. On October 4, 2018, around 21:30, the Defendant: (a) extracted two hydrovers from a public telephone, which is owned by the victim C (ju) located in the front road of the building B in Daegu-gu, Daegu-gu; and (b) destroyed the Defendant’s total amount of KRW 96,303,00,000.

2. On October 4, 2018, around 21:30, the Defendant destroyed that the sum of KRW 53,652,00 of the repair costs would be 53,652, such as destroying the shape light, etc. of the public telephone site, which is owned by the victim C, from the front road of the “E” building located in Daegu-gu, Daegu-gu, to the public telephone flooder installed therein, and damaging the utility of the said public telephone fire engine, etc.

[Facts of the cause of the medical care and custody] The Defendant committed the above crime in a state that he or she lacks the ability to discern things or make decisions due to his or her mental illness, and thus requires medical treatment at the treatment and custody facility, and if the treatment is not conducted, there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A copy of a written estimate facsimile (1);

1. Report on internal investigation (report G telephone communications by a reporter);

1. A report on internal investigation (attached to field photographs stamped by the police officer in charge of the dispatch), on-site photographs (13 pages);

1. Investigation report (specific as repairing costs for the whole air);

1. A statement of inquiry, such as a previous record of judgment, investigation report (Attachment of result of the search of prisoners), output of the result of the search of prisoners (1 copies), investigation report (the same criminal record and judgment of the suspect), copy of judgment, and criminal history (A);

1. The following circumstances, i.e., the necessity of treatment as indicated in the judgment and the risk of recidivism, recognized by the evidence and the mental appraisal report on the defendant.