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

A person subject to the medical care and custody (hereinafter referred to as "the person subject to the medical care and custody") is a patient subject to the medical care and custody, and without the ability to discern things or make a decision, on October 21, 2015, at his/her own residence located in Sungnam-gu, Sungnam-gu, and 401 on October 21, 2015, his/her father-child victim D (71 years old) who suffered from dementia and his/her family members are bullying with him/her. The person subject to the medical care and custody (hereinafter referred to as "the person subject to the medical care and custody") tried to kill the victim who is a lineal ascendant and descendant on several occasions, and attempted to kill him/her, but it was necessary to treat him/her at the treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

1. The legal statement of the respondent;

1. A protocol concerning the police and examination of the suspect against the person making such request;

1. Each police statement made with respect to E and D;

1. Seizure records;

1. Notification of diagnosis certificates, certificates of medical records, etc., opinions on opinions, and results of mental appraisal;

1. On the spot, photographs of damage, and photographs of seized articles;

1. The necessity of the medical treatment as indicated in the judgment and the risk of recidivism: The respondent and the defense counsel alleged that there is no risk of repeating the crime of this case. However, comprehensively taking account of the above evidence, the defendant's mental and physical loss as a result of the mental appraisal of the defendant: ① is judged to have high risk of repeating the crime unless professional medical treatment is required and medical treatment is provided as a result of the mental and physical loss of the defendant; ② the defendant has been hospitalized continuously since 1998, and even after the time of this case, the defendant continued to have been hospitalized and provided medical treatment, and even after the time of this case, the state was not improved and the attack against the victim was strengthened. ③ The defendant is likely to repeat the crime of this case without any particular reason because the victim believed that he is not the father, and the victim committed the crime of this case without any specific reason is likely to have been committed again