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(영문) 대전지방법원 논산지원 2014.12.10 2014고합41
현주건조물방화
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

Punishment of the crime

Defendant

On March 11, 2014, the candidate for medical treatment and custody (hereinafter referred to as the "defendant") was sentenced to six months of imprisonment for violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in the Daejeon District Court's collegiate branch on March 11, 2014 and the said judgment became final and conclusive on September 25, 2014.

At around 10:50 on January 29, 2014, the Defendant, in the state that he lacks the ability to discern things or make decisions due to mental disorder caused by alcohol and alcohol dependence, had the mother of the Defendant, who is in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, U.S., sent to the entire building of 42.9 square meters in a prefabricated-mard prefabricated-mix building with a stringter attached to the bomb, which was inside the house of the victim D, from the house of the victim D.

As a result, the defendant, who is the owner of D, used as a residence, destroyed all prefabricated houses equivalent to 6,914,000 won (fire fighters) at the market price of D.

As above, the Defendant committed the instant crime constituting imprisonment without prison labor or heavier punishment under the lack of capacity to discern things or make decisions due to a mental disorder, alcohol dependence, and the risk of recidivism cannot be ruled out unless proper treatment and supervision are given at a medical treatment and custody facility. Therefore, the Defendant needs to receive medical treatment at a medical treatment and custody facility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Field photographs-fields, etc.;

1. Notification of opinions and results of mental appraisal;

1. A previous offense in ruling: A criminal investigation report (report accompanied by a copy of the indictment), investigation report (a copy of the search of the case by the Supreme Court, attachment of the judgment, confirmation of present location of the suspect), reference materials (date of confirmation of the judgment

1. The need for treatment as indicated in the judgment and the risk of recidivism: A doctor E-written opinion, and the following circumstances acknowledged by the notice of the result of mental appraisal prepared by the Director of the Public Medical Treatment and Custody Center, namely, the Defendant depend on the mental disorder caused by alcohol and alcohol at the time of the instant crime.

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