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(영문) 서울남부지방법원 2013.07.26 2013고합210

현주건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") are those who have been diagnosed as "unexplosion-oriented mental disorder" due to the difficulty in coordinating the situation, exchange, and impulses.

At around 03:30 on April 28, 2013, the Defendant: (a) was unable to discern things or make decisions due to mental fissionable diseases; (b) attached a fire using a disposable tool for piling up paper and newspaper sites in Guro-gu Seoul, Guro-gu, Seoul, with the mother of C, and attached it to the non-breadth thereof; and (c) attached both a small bank and a wall to the ward, etc.

Accordingly, the Defendant destroyed the house equivalent to KRW 75,00,000, which is the C-owner's market value of 75,000,000, which is used as a residence by 3 persons such as C and his family members.

Defendant requires medical treatment at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification of repair expenses, etc.);

1. Relevant photographs;

1. The necessity of the treatment as indicated in the judgment and the risk of recidivism: The following circumstances, which can be seen by comprehensively taking into account each of the above evidence and investigation report (the head of the E Hospital), and each of the descriptions in the diagnosis form, namely, ① the defendant, after the introduction of the military forces, has retired from the military after going to the manufacturing company of chemical drugs for about one year, and the defendant, while attending the school to acquire the certificate of qualification, has started to show symptoms, such as ruptureing and ruptureing, while attending the school, ② the defendant, after the death of the puts symptoms, has been diagnosed by an unsurified mental division, and was diagnosed by the hospital. From September 9, 2008 to the crime of this case, the defendant had been treated several times before the crime of this case, and the chief doctor in charge of the defendant's treatment stated that "If the defendant is unable to make a congested treatment without the end of his speech, the defendant has made a statement that he issued a rupical violence."