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(영문) 광주지방법원순천지원 2020.10.15 2020고합33
현주건조물방화
Text

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

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

Reasons

Criminal facts

Around March 14, 2020, when the defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendants") lack the ability to discern things or make decisions due to a tide, they put a stop on the idea that "the parents of the defendant continue to monitor the defendant and continuously exercise violence against the defendant" in Article 3 of the Medical Treatment and Custody Act (hereinafter referred to as the "defendants") of the C Building D, in which the defendant living in Gwangjin-si B around March 14, 2020, puts a stop on a one-time bridge that was in possession of a flat, and puts a fire into the above gate and the fifth floor of the above building through the wall, ceiling, etc.

Accordingly, the defendant set fire to the above 46 households, such as the above D and E, in which he resides, which are used as a residence.

[Facts that cause of medical treatment and custody is a mental disorder whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, and the Defendant committed a crime falling under imprisonment without prison labor or heavier punishment by setting fire to a structure used as a residence by setting aside the same as the above facts constituting a crime. It is necessary to take measures for medical treatment and custody facilities to prevent recidivism and promote rehabilitation by providing appropriate protection and medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Comprehensively taking account of the following circumstances acknowledged by the court’s duly adopted and investigated evidence, including the protocol of seizure of the police’s statement to F, G, E, and H, the necessity to treat on-site fire incidents as indicated in the list of search and seizure reports, the identification of the risk of recidivism, the identification of the admission and discharge certificate, the written confirmation, the written opinion of hospitalization, the mental assessment of the Defendant, and the following circumstances, the Defendant needs to receive medical treatment at the medical treatment and custody facility and there is a risk of recidivism.

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