2020Gohap107, 148(Joint), public buildings, attempted crimes, fire prevention, death or injury, etc.

2021 high-ranking treatment and custody

Claimant

○○○○ (5********), and unemployed.

Gwangju Northern-gu

Seoul High Court Decision 201

Lee Lee-ju, Kim Gmp (prosecution), Ansan-young (Medical Treatment and Custody Request, Public Trial), and Lee Hy-young (Public trial)

Attorney Jeong-soo (Korean)

April 2, 2021

A defendant shall be punished by imprisonment with prison labor for twelve years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Criminal facts

The defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendant") committed the following crimes in a state that they lack the ability to discern things or make decisions due to diversity and disorder.

"2020 Gohap107"

At around 07:10 on March 1, 2020, the Defendant, despite the fact that the date was March 1, 2020 to Gwangju Northern-dong post office located in Gwangju-gu, Gwangju-gu, and did not fly the dramatic flag to the post office, which is the above post office. Accordingly, the Defendant used a paper stuff in the above post office and added a string to the paper straw box by using the horse string, which was entering the post office, and then string the paper string to the paper string. However, the paper straw string was laid back behind the cash payment machine inside the post office, but the paper strings were cut down without being moved to the post office building.

Accordingly, the defendant tried to fire a public structure by setting fire, and attempted to commit it.

"2020 Gohap148"

On March 21, 2020, the Defendant leased a room of 1st floor of the victim Kim00 (Min, 89 years old), a mother of the baby located in Gwangju North-gu, from that day to that day, and ○○○○, a wife of ○○○○, was going to a church in which he opened a meeting. The victim was residing in another room of the first floor of the above house, and the victim was, alone, in a condition that it was difficult to move to the extent that only the toilet can be used.

On March 23, 2020, the Defendant demanded a change of gas from 19:00, while the Defendant demanded a change of gas from 19:00 to 20:00 on the same day, the Defendant responded to the fact that ○○○ was unable to receive meals from the church even though ○○ was not a meal even though ○○’s ○○ in ○○-dong from 19:00 to 20:00 on the same day, he did not have a sexual intercourse at the church in charge of ○○-dong, Gwangju.

At around 23:00 on March 23, 2020, the Defendant tried to demand gas replacement, etc. from the room in which he had resided again to the 00 people, but the 00 people did not receive a telephone.

Although the Defendant knew of the fact that the victim was living in other rooms of the first floor of the above housing, he thought that there was no particular human body, but to see that he did not seem to have any other human body. The Defendant, by putting the dog in one’s room and making the dog in use of his sexual strings, caused the fire to be moved into the entire house, by putting the wall and the ceiling on the wall and the ceiling, and caused the victim to die from a physical appearance by postponement at the same time.

Accordingly, the defendant destroyed a building used as a residence by setting fire to and burns a building used as a residence, thereby causing the death of the victim.

Facts of causes of medical treatment and custody

"2021 Doz. 1"

The Defendant commits a crime corresponding to imprisonment without prison labor or a heavier punishment, such as the facts stated in the judgment in the state that the Defendant has a weak ability to discern things or make decisions due to stimulative disorder, and there is a need to receive medical treatment at a medical treatment and custody facility and

"2021 Doz. 1"

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances revealed by each of the above evidence, and considering the Defendant’s age, character and conduct, health, environment, family relationship, and the details and methods of the instant crime, the Defendant needs to receive medical treatment at the medical treatment and custody facility and the risk of recidivism.

① From the age of 37, the Defendant was diagnosed as to alcohol addiction and stimulative disorder, and repeated hospital treatment such as hospitalization and outpatient treatment. According to the medical opinion at the Gwangju ○ Hospital Hospital on April 2, 2020, the Defendant was hospitalized and outpatient treatment in the above hospital under the name of the medical doctor at the stimulative disorder and alcohol dependence, and the Defendant needs continuous mental therapy and medication treatment in the future.

② On February 8, 2020, the Defendant was released from Gwangju ○ Hospital on one occasion before committing each of the instant crimes, and was prescribed for drugs after receiving medical treatment, but did not take drugs properly.

(3) On May 19, 198, the Defendant was sentenced to medical treatment and custody for the main building, fire prevention, etc. in the Gwangju District Court Support, and on May 25, 2006, the Defendant was sentenced to imprisonment with prison labor for one year and medical treatment and custody for the main building, fire prevention, etc. in the Gwangju District Court Support.

4. As the Defendant is under investigation as a crime of attempted fire prevention of the instant public structure, the Defendant committed the instant crime of death resulting from death or injury. In light of the background, motive, and objective situation of each of the instant crimes that the Defendant stated in an investigative agency, the degree of the Defendant’s awareness about the objective situation, and the rationality of judgment, etc., the Defendant appears to have a tendency to display his complaint or decentralization in a way of fire prevention without proper treatment, and thus, the risk of recidivism is recognized.

5 The Defendant appears to have insufficient intent to receive mental health care, such as demanding the discharge of the Defendant on his own or suspending the use of drugs at the time of each of the instant crimes. Moreover, the Defendant is living without a fixed residence, when having been separated from his family members. This seems difficult to expect that the Defendant would receive appropriate treatment due to his or her own or surrounding learning. Accordingly, the Defendant stated that he also wishes to receive medical treatment and custody.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of Grade I (Death or injury caused by Present Living Building or Fire);

【Determination of Punishment】

2. Fire-prevention (in the case of an intentional act of a homicide), such as a suspender building, etc., fire-prevention (type 3), such as a suspender building, etc.

【Special Convicted Persons】

- Mitigation elements: Intention of dolusor murder, mental or physical disorder (no one shall be responsible);

- Aggravations: Victims vulnerable to crimes

【Recommendation Area and Scope of Recommendations】

Reduction Area, 9 years to 13 years

[No person who is a general person]

(b) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for at least nine years (limited to the lowest limit of the recommended sentencing range for crimes for which the sentencing criteria are set, since the concurrent relationship between the crime of attempted destruction of public structures and the crime of attempted destruction of fire, for which no sentencing criteria

3. Determination of sentence: 12 years of imprisonment;

The Defendant, alone, knew that the victim was able to sleep in the way that he was living alone, but was able to sleep out of the victim’s house. As a result, the victim died from fire, and the victim’s house was abandoned. Since the place of crime was a house and the time of crime was around 23:00, if the victim was 23:00, there was a high risk of infringing the public safety by expanding human life and property damage. The Defendant committed the crime on the ground that the victim’s father and wife’s demand for gas connection was not met when the victim’s husband and wife’s residential space was leased. Accordingly, the Defendant committed the crime on the ground that the victim’s death was not recovered, and the victim’s surviving family members suffered great pain and slicks. The Defendant was 2 times with the history of the crime of fire prevention, and the crime of fire prevention was not even elapsed after the attempted crime of the instant structure was committed, and the liability for the crime of death in the present state building was more severe.

However, from 37 years of age to 37 years of age, the Defendant was diagnosed as alcohol addiction and stimulative disorder and received long-term medical treatment. At the time of each of the crimes in this case, the Defendant was in a state of mental disorder. A crime of public structure and fire-prevention was committed, and the Defendant was committed with attempted crimes, but did not spread to neighboring houses, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, occupation, family relationship, circumstances after the crime and circumstances after the crime.

The presiding judge and suspension line;

Judges' Office;

Judges Kim Gung-han