A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

A person who lacks the ability to discern things or make decisions due to the mental disorder of a soldier in the custody for treatment and custody (hereinafter referred to as “defendant”) and a person who lacks the ability to discern things due to the mental disorder of a soldier.

[2] On September 16, 2017, the Defendant, on the ground that he spited the victim E (79) on the road near the “D” located in Chungcheongnam-si, Chungcheongnam-si (hereinafter “D”), and continued to walk once on the victim’s face, and caused the victim to suffer bodily injury, i.e., over 76 days of treatment, on the ground that he/she spited the victim’s face, and continued to walk once on the part of the victim’s face.

[Fact of the cause of the treatment and custody] The Defendant is currently in a state of mental and physical weakness due to the current colon, and is presumed to have been in the same condition as at the time of committing the instant crime.

In addition, the defendant shows symptoms such as distortion of perceptions caused by such a situation, degradation of reality judgment, etc., so it is highly likely to show aggressive behavior later.

In light of the Defendant’s mental condition, the background and attitudes of the instant crime, and the attitude in this court, etc., even though the Defendant did not have any previous criminal record, the risk of recidivism is sufficiently recognized.

In addition, in light of the above mental condition, family relationship and living environment of the defendant, the defendant needs to receive treatment at the treatment and custody facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of witness E in the second public trial protocol;

1. Each police statement made to E and F;

1. Reporting on the arrest of a case;

1. E-damage photographs;

1. A detailed statement of reported case processing; and

1. On-site photographs and video CDs;

1. A medical certificate of injury (E);

1. The need for treatment as indicated in the judgment and the risk of recidivism: F’s statement protocol on F, the result of the Defendant’s mental appraisal, and the medical certificate on the Defendant, respectively.