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(영문) 울산지방법원 2015.12.24 2015고합186
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

【Criminal Treatment and Custody Facts】 The defendant and the requester for medical treatment and custody (hereinafter referred to as the “defendant”) committed the following crimes under the lack of the ability or decision-making ability to discern things due to a compicable mental disorder:

On March 9, 2015, the Defendant suffered injury, such as the loss of the upper part of the upper part, which requires medical treatment for about 14 days, on the part of the victim D (the age of 36) who is a Taekwondo offender who has worked together in the front part of the Macheon-si C, Macheon-si, and the one-day dispute with the victim D (the age of 36) who was a knifely dangerous object, and the knife of the knife (120m in total length, 50m in the knife length).

【Facts Causing Medical Treatment and Custody】 The Defendant was sentenced to one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) on December 13, 2013, and two years of suspension of the execution, which became final and conclusive on December 21, 2013, and was in the period of suspension of execution at the time of the above crime. Since July 27, 2010, the Defendant was continuously receiving medical treatment at several hospitals including E hospital with mental fission from around July 27, 2010, and the Defendant was hospitalized in F hospital until now. This is also a crime committed in a state that lacks the ability to discern things, ability, or decision-making ability due to mental disorder, and there is a need to undergo medical treatment and custody at the medical treatment and custody facility

Summary of Evidence

1. The date and time recorded in the judgment of the defendant, and legal statement to the effect that the defendant has injured the victim by displaying knife at a place;

1. D's legal statement;

1. A written diagnosis of injury;

1. Non-flag photographs and blade photographs;

1. The necessity of the medical treatment of the judgment and the risk of recidivism: The evidence mentioned above, investigation report (the attachment of recent criminal records to the suspect, etc., investigation of the suspect's business trip), confirmation of hospitalization, opinion, copy of medical records, and review of the necessity of the request for medical treatment and custody shall be compiled by the defendant.

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