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(영문) 광주지방법원 2018.01.26 2017고합566
일반건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One seized Raz (No. 1) shall be confiscated.

Reasons

Criminal facts

The facts constituting the grounds for the medical care and custody [criminal facts] The defendant and the person applying for the medical care and custody (hereinafter referred to as the "defendant").

Since July 24, 1997, the Republic of Korea is a person who has been receiving early medical treatment in the State Hospital from the first grade of mental disorders to the present date.

On November 23, 2017, when the defendant lacks the ability to discern things or make decisions due to Cho-tae's illness, the defendant opened an entrance in which the "Dong-gun, Dong-gun, Dong-gun, Dong-gun, Dong-gun, Dong-gun" was not corrected, and prepared in advance, installed a fire by using a one-time tool to do so, and caused the wall with a wooden length string and a wooden ground to spread to the whole building, and destroyed the above church to have approximately KRW 43,551,00 in repair cost.

[Judgment of the court below] The defendant is a person who committed a crime corresponding to imprisonment without prison labor or a heavier punishment as stated in the judgment of the court below in the status of mental and physical weakness due to illness, and needs to receive treatment at a treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A seizure record and a seizure list;

1. A report on the occurrence of a fire accident, a report on the results of field identification, and a fire site investigation report;

1. In other words, the following circumstances acknowledged by the evidence mentioned above, welfare cards, investigation reports (c) medical certificate, hospitalization confirmation, investigation report (a suspect status verification, etc.) and appraisal report as follows: ① even if the defendant had been hospitalized several times from July 24, 1997 to July 24, 1997, even if he had been hospitalized several times, the symptoms, such as the damage and aggressive behavior, still occur. ② The defendant had the record of being sentenced to the custody or punishment for the crime of fire prevention, and the defendant again remains in the church during the night without any special reason. ③ The defendant's age, sex, environment, family relationship, and crime committed the crime.

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