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(영문) 부산지방법원 2016.06.24 2016고합66
일반물건방화등
Text

A defendant shall be punished by imprisonment for four years.

With respect to one knife (12 cm per day, 13 cm per knife) (No. 1).

Reasons

Criminal facts

Around 1:55 on December 30, 2015, Defendant 66 was in front of a F cafeteria operated by the Victim E located in Busan-gu, Busan-do. Around 11:55 on December 30, 2015, Defendant 1 prepared about 10 liters in advance at the entrance of the area, and she was unable to sell part of waste timber by putting 10 liters in possession.

As a result, the Defendant cannot be deemed to need Amendments to Bill of Indictment in a case where the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder and is not likely to substantially disadvantage the Defendant’s exercise of his right to defense (see, e.g., Supreme Court Decision 90Do1977, May 28, 1991). In light of the criminal facts in the case 2016Da187, 2016, 2016, 2016Da187, 2016, 2016, 187, and each evidence record in the case, etc., the Defendant was in a state of mental or physical weakness at the time of committing the criminal facts in the case 2016Da66666, supra.

It is reasonable to see that both the defendant and the prosecutor do not dispute all of them, and that the fact that the defendant was in a mental and physical state at the time of committing the crime of 2016 Gohap66 as stated in the judgment of the court is favorable to the defendant in the range of the applicable sentences. As such, even if the criminal facts of 2016 Gohap66 as stated in the judgment without any amendment to a bill of indictment add "in a state where the defendant lacks the ability or ability to make decisions on how to discern things due to mental and physical disorder," and if it is corrected to correct "in a state where the defendant lacks the ability to

It can not be seen.

The fire caused waste timber, which is an ordinary object, to cause public danger.

On March 7, 2016, the defendant suffers from her current colonies, and on March 7, 2016, at the office of the defendant located in Busan Jin-gu, Busan.

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