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(영문) 서울남부지방법원 2015.10.29 2015고합174

현존건조물방화치상

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A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Criminal facts

The facts of the cause of the application for medical treatment and custody and the medical treatment and custody claim [criminal fact] Defendant and the requester for medical treatment and custody (hereinafter referred to as Defendant only) are the victims D(76 years of age) of Yeongdeungpo-gu Seoul Metropolitan Government, who have resided from around April 20, 2015.

On May 23, 2015, at around 22:30, the Defendant sought a request from the victim to replace the front light, etc. installed in the corridor with the victim's room for the office where the victim is living on the first floor of the above housing. However, the Defendant was dissatisfied with the victim's complaint from the victim that "I am unable to reduce the deposit if you have any inconvenience," and that "I am am a beneficiary who lives with a national tax, who is a beneficiary who lives with a correct living."

In this regard, the Defendant, at around 03:40 on May 24, 2015, found again in the above office room when he had weak ability to discern things or make decisions due to alcohol, mental disorder, etc., and stored clothes, etc. in front of the entrance door for the above office room, and dumped gasoline, which had been prepared in advance, and had it spread to the whole room for the above office room through the dump.

Accordingly, the defendant destroyed the above house owned by the victim and 25 tenants who are used as a residence by the victim so that the above house can be repaired by three million won, and due to this, the victim's right edge and the number of days of treatment in the buckbucks.

[Facts of the grounds for filing a request for medical treatment and custody] The candidate for medical treatment and custody has a habit of drinking alcohol and has committed a crime corresponding to imprisonment without prison labor or heavier punishment as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Investigation report (the first witness E currency at a fire scene);

1. A medical certificate;

1. Side photographs of the victim's image;

1. Necessity of treatment as indicated in the judgment and risk of recidivism: The evidence and risk of recidivism mentioned above;