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(영문) 부산지방법원 2020.11.13 2020고합295
현주건조물방화미수
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

The defendant is a person who lacks the ability to discern things or make decisions due to mental illness, such as an on-site illness.

At around 08:50 on May 23, 2020, the Defendant discovered that, on the ground that there was no thought that the Defendant would want to live in the house located in Geumgu, Busan, the third floor, he was living in the house, and reported to 119 on May 23, 2020, the Defendant did not want to imprising alcohol for disinfection at the newspaper site, attaching a fire by using a one-time tool, and then collected it on the inner bottom, which was attached to the inner bottom. While the lessor and other persons live in the said house, the Defendant attempted to burns the said house on the inner bottom, where D residing in the fourth floor of the said house had a new window, and reported to 119 on the fact that the fire fighter dispatched by the said report did not come to an attempted attempt, but did not come to the wind that the fire fighter dispatched by the said fire fighter.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report (fire), on-site identification reports, field photographs, internal investigation reports (with respect to the contents of telephone conversations with A and attachment of a certificate of hospitalization), and investigation reports;

1. Application of a written notice of hospitalization and a written diagnosis;

1. Where a fire officer dispatched to the scene of the crime at the time of the crime under Article 174 and Article 164(1) of the Criminal Act regarding criminal facts, the applicable provision of the applicable criminal facts, Articles 174 and 164(1) of the selective punishment for limited term, Article 10(2) and (1) and Article 55(1)3 of the Criminal Act for mitigation of mental and physical disability intends to transfer to a hospital the defendant, where the fire officer postponed the autopsy from the inside of the scene of the crime, but the defendant refused to transfer the defendant to the hospital, "B does not need to go to the hospital," and the police officer's inquiry also stated that "the house owner puts the house into the tank on the rooftop and caused many smells to eliminate the smells in the house," and "the defendant was a man who was treated for about 10 years, who has not recently been distributed for 10 years, so that toxic gas is scattered and stolen in the house at the present time of exchange and damage.

The symptoms of mental illness have deteriorated, and the reality is caused by symptoms of mental illness.

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