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(영문) 창원지방법원 진주지원 2015.09.03 2015고합81
산림보호법위반
Text

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 reason for filing a claim for medical treatment and custody and the fact that the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants") suffered from a flat and dynamic disorder from around 23:00 on November 10, 2014 to around 06:10 on the following day, the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants") committed a fire in another person's forest with a total area of 20,23 square meters in size, including the above forest owned by E, by using a rater who had been holding the idea that they would have the ability to discern things or make decisions with weak ability to discern things.

[Ground of a request for medical treatment and custody] The Defendant was sentenced to medical treatment and custody for murder on November 21, 1990 at Mansan District Court Jinsan Branch Branch, and was under medical treatment and custody from March 25, 191 to August 13, 1994. On April 7, 2006, the Defendant was sentenced to one year and six months of imprisonment with prison labor and medical treatment and custody from April 20, 2006 to March 27, 2009, and was under the record of having been sentenced to medical treatment and custody from March 20, 206, under the lack of the ability to discern things due to stimulative disorder or decision-making ability, and thus, it is necessary to receive medical treatment and custody at the facility for the risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and a fire site survey report;

1. Each report on investigation;

1. The necessity of the judgment and the risk of recidivism: In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, including the defendant's legal statement, diagnosis, investigation report (verification of confinement in medical treatment and custody), and each investigation report (Attachment to a judgment), the defendant needs to receive medical treatment at the medical treatment and custody facility as a mentally handicapped and the risk of recidivism.

(1) The defendant is a patient with an unidentified stimulative disorder in detail, and is currently in Gyeongnam-do Mental Hospital.

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