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(영문) 광주지방법원 순천지원 2015.10.29 2015고합101
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

A seized Rater (No. 1) shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts leading to medical treatment and custody and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as "defendant") were sentenced to imprisonment on April 1, 2010 with prison labor for the purpose of the present owner's building and fire prevention in the Gwangju District Court's Netcheon Branch Office, and were released on September 28, 2012 and the parole period passed on November 14, 2012 during the execution of the sentence.

1. On May 27, 2015, the Defendant attempted to extinguish the above building, which had been in possession, with a single-use camera with a view to setting fire to the victim C, where the victim had weak ability to discern things or make decisions due to alcohol dependence, on the ground that, around 03:30 on May 27, 2015, the victim C’s wife would want to leave his wife in prison, and to leave his wife in prison. However, the Defendant attempted to extinguish the above building, which had been living with the said victim and his guests, using a single-use camera at the entrance of the said parking lot. However, the Defendant failed to discover it and to commit an attempted crime without having a view to spreading water by spreading it with the wind.

2. On May 27, 2015, when the victim F lacks the ability to discern things or make decisions due to alcohol dependence symptoms, the Defendant, who attempted to commit fire against the victim F, was at the H of the victim F in Mine-si around May 27, 2015. On the same ground, on the ground of the foregoing paragraph 1, the Defendant attempted to extinguish the above victim F by attaching fire to the wood display stand front of the entrance. However, the Defendant failed to commit a fire report in 119, and failed to commit a crime by spreading water.

[Facts of the cause of medical treatment and custody] The defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act and has committed a crime subject to imprisonment without prison labor or heavier punishment, and there is a need for risk of recidivism

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. The type of the crime;

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