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(영문) 전주지방법원 군산지원 2018.12.20 2018고합64
일반건조물방화미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

In addition, the fact of the cause of the medical care and custody / Defendant and the victim of the medical care and custody (hereinafter “Defendant”) were physically disabled persons of Grade III, and they lack the ability to discern things or make decisions due to the fact that they were physically disabled persons.

The Defendant got back to the “D” store of the victim C’s operation in the Dosan-si B, and was able to have his fingered from the victim.

I think of this, I tried to see the "D store" in the victim's operation, and tried to neglect the "D store" store.

On May 24, 2018, around 05:17, the Defendant: (a) tried to extinguish the said store by putting a fire on the electric ledger, which was covered by the set-off stand, with a stringr, which had been in possession of the set-off stand; (b) however, the Defendant attempted to commit an attempted crime, not only by discovering and extinguishing fire, but also by setting fire on the electric ledger and the set-off stand, which was performed during the patrol.

【Fact of the cause of the medical care and custody】 The Defendant committed the above crime under the lack of the ability to discern things or make decisions. As a person with mental or physical disability, he/she committed a crime corresponding to imprisonment without prison labor or heavier punishment, and the risk of recidivism requires medical treatment at the facilities for the

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of police of E and victims C;

1. A protocol of seizure and a list of seizure;

1. An investigation report (Evidence No. 6), an investigation report (Attachment to such video CDs);

1. The need for treatment as indicated in the judgment and the risk of recidivism: Each evidence duly adopted and examined by this Court and the mental appraisal result of this Court against the Defendant, namely, the following circumstances: (a) the Defendant shows mental symptoms, such as exchange, aggressive words, damaged circumstances, low intelligence, and degradation of judgment; and (b) the F mental health department at the time of 2012, 2014, and 2018.

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