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(영문) 서울남부지방법원 2014.02.06 2013고합353
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Criminal facts

The defendant and the respondent for detention (hereinafter referred to as the "defendant") are the sick person who had been hospitalized for the same illness eight times from September 21, 2012 to November 24, 2012, such as being hospitalized for mental division at C Hospital, and has weak the ability to discern things or make decisions due to mental division.

피고인은 평소 정신병원에 다시 입원하게 될까봐 걱정하던 중 2013. 8. 5. 23:30경 모친이 자신을 정신병원에 입원시키려고 하는 것을 눈치 챈 다음 술에 취하고 칼을 소지하고 있던 상태에서 집 밖으로 나가 D 버스를 타고 도주하였다.

At around 01:30 on August 6, 2013, the Defendant: (a) set up in front of the bus and stopped the bus in front of the bus by the victim F (35 years of age) who is a private first aid worker of Gangseo-gu Seoul Metropolitan Government (35 years of age) who was dispatched after receiving a report from the Defendant’s mother’s mother; and (b) laid down the bus in front of the bus and stopped the bus; (c) the Defendant was a deadly weapons (32 cm in total length, 19 cm in knife length) which had a defect in advance by putting the Defendant in front of the bus, one time, and the knife of the victim was an open top of the wall of the treatment days to the victim.

Defendant needs to receive medical treatment at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. A legal statement stating that the defendant has suffered an injury to the victim by displaying knife at the time and place recorded in the judgment of the defendant;

1. A protocol concerning the suspect examination of the accused, and a protocol concerning the police interrogation;

1. Protocol of the police statement concerning G;

1. Investigation report (including the submission of a written opinion, witness's statement, the knife of the victim's possession, the knife of the knife found in the bus, the CCTV attached to the bus whose crime was committed by the victim, the detailed report on the day of the case, and each accompanying material);

1. Investigation record of seizure by the police;

1. The necessity of treatment as indicated in the judgment and the risk of recidivism: The evidence mentioned above and the investigation report shall be the suspect.

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