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(영문) 서울남부지방법원 2016.08.09 2016고합99
일반물건방화등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 and the reasons for the care and custody for the defendant [criminal facts] The defendant had a lack of ability to discern things or make decisions at the time of committing the crime with a dead-end illness.

At around 10:50 on March 9, 2016, the Defendant opened a string line of the instant string vehicle parked by the victim D on the ground that there is a string in the front road of Yangcheon-gu Seoul Metropolitan Government, such as the death of ties and ties, and removed clothes and shoes equivalent to the total market value of 460,000 won, which is owned by the victim within the string line, and caused the said string vehicle to be loaded on the said clothes and shoes by attaching fire to the said clothes and shoes by using the stringer.

Accordingly, the Defendant destroyed the clothes and shoes by setting fire, thereby causing public danger.

[Facts of the cause of the medical care and custody] A person who requests the medical care and custody (hereinafter “defendants”) committed an offense identical to the facts stated in the crime under the circumstances where the person lacks his/her ability to discern things or make decisions due to his/her physical symptoms, such as limited dynamics, damage accidents, relevant accidents, lack of identification, and lack of illness.

The defendant needs to receive medical treatment in the treatment and custody facilities and the defendant is in danger of recommitting a crime.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A criminal investigation report;

1. In light of the following circumstances, the Defendant needs to receive treatment at the treatment and custody facility as a mentally or physically disabled person and the risk of repeating a crime as seen earlier (the need of the treatment as indicated in the judgment and danger of repeating a crime) by means of evidence, investigation report (or relative investigation of the suspect, and notification of the results of mental appraisal (A).

① The Defendant: (a) destroyed the clothes and shoes as indicated in the facts constituting a crime in a state that he/she lacks the ability to discern things or make decisions due to a net type of illness; and (b) caused public danger.

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