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(영문) 광주지방법원 2013.04.11 2013고합33

현존건조물방화

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

Defendant

In addition, the candidate for medical treatment and custody (hereinafter referred to as the "defendant") had weak ability to discern things or make decisions due to the division disorder.

On December 1, 2012, at around 18:5, the Defendant, located in Gwangju Northern-gu C, and in the “Ecom Association” managed by the Victim D, had three floors as well as new roads, with which the Defendant was able to make a mixture of the first floor of the mixed, with which the Defendant was able to make a mixture of garbage, and attached a string to the upper floor machinery room and the underground parking lot which was accumulated at that place.

Therefore, by moving it to the wall walls of the first and second floor of the Buddhist church building, the machinery room of the first and the second floor underground, and the ceiling of the underground parking lot, it destroyed the market price of KRW 15 million, such as the water supply and drainage pipe and the wall wall of the underground parking lot.

Accordingly, the defendant destroyed a building in which people exist by setting fire.

As above, when the defendant lacks the ability to discern things or make decisions due to a divided disorder, he/she needs to receive medical treatment at a medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and H;

1. Investigation report (Evidence Nos. 29);

1. In case of a fire site inspection results;

1. Notification of the result of mental diagnosis;

1. The need for the treatment of the case, the risk of recidivism: The following circumstances acknowledged by each of the above evidence, namely, ① the defendant is suffering from symptoms, such as summons, crime liability, and actual judgment disorder, due to a divided operation disorder, ② the defendant committed the crime of this case in a state of mental disorder caused by the above mental disorder, ③ the defendant himself/herself wishes medical treatment and custody, ④ the details and details of the crime of this case.