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(영문) 대구지방법원 2013.05.22 2012고합1154
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

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

The facts of the cause of medical treatment and custody [criminal facts] the accused and the requester for medical treatment and custody (hereinafter referred to as the "defendants") are those who have a record of having received mental and medical treatment due to the early illness.

At around 22:00 on November 19, 2010, the Defendant thought that the employees of the NIS 302 consider the documents owned by the Defendant, and opened 5-6 punishments of clothes at the same time, taken up 50 copies of documents on the above, and attempted to break away from the site with a single stringter and cut off the building where there are people, such as China, D, etc., but later, attempted to do so at the wind.

[Facts that cause of medical treatment and custody] As above, the Defendant is required to receive medical treatment in a medical treatment and custody facility and to pose a risk of repeating a crime, who committed a present building or an attempted crime, which falls under imprisonment without prison labor or heavier punishment when he/she lacks the ability to discern things

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E;

1. Prosecution investigation reports (to hear statements by E excursion ships);

1. Police investigation report (specific-related to the date and time of occurrence of the case, and on-site photographs);

1. All on-site photographs;

1. A copy of the real estate lease contract;

1. Medical certificates and medical records;

1. The need for the treatment of the case and the risk of recidivism: According to the above evidence, the defendant committed the crime of this case in a state of mental and physical disability caused by the death or injury of the defendant, and considering the circumstance and contents of the crime of this case, the defendant's age, character and conduct, environment, mental condition, etc. recognized by each of the above evidence, the necessity for medical treatment and custody facilities to receive

Application of Statutes

1. Article 174 and Article 164 (1) of the Criminal Act applicable to the crimes;

1. Mitigation of mental illness and injury shall be limited to Articles 10(2) and 55(1)3 of the Criminal Act.

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