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(영문) 대전지방법원 2014.12.05 2014고합236
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts leading up to the medical treatment and custody and the facts leading up to the medical treatment and custody [criminal fact] Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) have weak ability to discern things or make decisions due to a tide, and they failed to attach the flock card attached on the window above the restaurant entrance of Daejeon Jung-gu on July 5, 2014 in front of the D’E’s “E” restaurant, which was located in Daejeon Jung-gu, Daejeon on July 5, 2014, without any reason under the influence of alcohol ( approximately 50 cm, about 40 cm in length, about 40 cm in length) to a single-time restaurant by attaching the flock to D and D’s wife, but upon finding D and F’s flick, failed to attach the flick to the building, such as the flick card, which was put on the wind.

[Facts that constitute a cause of medical treatment and custody] The Defendant needs to receive medical treatment at a medical treatment and custody facility and has the risk of repeating a crime, who committed the above crimes in the state of mental disorder

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Police seizure records;

1. On-site photographs;

1. The need for treatment in the judgment and the risk of recidivism: Comprehensively taking account of the following circumstances recognized by each of the above evidence and a written reply to the result of the mental appraisal of the preparation of the Medical Treatment and Custody Center, the Defendant needs to receive medical treatment at the Medical Treatment and Custody Facility and also recognized

① The Defendant committed the instant crime under the lack of the ability or decision-making ability to discern things due to mental illness, such as the damage network, overnetism, the network, the related circumstances, the fall of the impulse, the decline in the ability to verify the reality, and the decline in the ability to verify the reality.

(2) The Defendant was diagnosed as a certificate of damage from the past and received medical treatment for several years.

③ In light of the motive and background of the instant crime, the method and content thereof, the circumstances before and after the instant crime, and the character, conduct and legal attitude of the Defendant, etc., the mental illness of the Defendant is considered.

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