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(영문) 창원지방법원 2013.05.23 2010고합383
현주건조물방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Defendant

In addition, a candidate for medical treatment and custody (hereinafter referred to as "defendant") is a person who lacks the ability to discern things or make decisions due to mental retardation above the middle degree and major depression disorder, etc.

1. Around 15:00 on October 25, 2010, the Defendant: (a) destroyed a room used by D as a residence by setting fire to the entire room via a scambling scam, clothes, etc. with a view to having D promptly return to D when D was hospitalized at a mental hospital; and (b) having D live in a newspaper and a scam scam match with D’s live; (c) having D’s scam scam, scam, and scams; and (d) having D met the entire room via a scambling, clothes, etc. with D’s scamb

2. On October 27, 2010, at around 15:00, the Defendant: (a) entered a room in which E resides, on the ground that he made the horses, and caused E to spread to the entire room through a t lease, such as a t-thirth lease and a t-thirical harassment, etc. in a manner as referred to in paragraph (1), and destroyed the fire by setting the room used by E as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement to E and F;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 164 (1) of the Criminal Act selecting a penalty;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in paragraph (2) of this Article which is heavier than the punishment) among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defense counsel regarding the assertion of defense counsel under Article 62(1) of the Criminal Act committed the instant crime in the state of mental disorder with which the defendant, who is a minor of the age of five, has no ability to discern things or make a decision due to mental retardation, etc. in the middle and higher rank.

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