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(영문) 전주지방법원 군산지원 2018.08.30 2017고합125
현주건조물방화등
Text

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

Seized dynas (Evidence No. 1) shall be confiscated for one time.

Reasons

Criminal facts

[Attachment to the records of crime and the following criminal facts] Defendant and the person who filed for the medical care and custody (hereinafter “Defendant”) was sentenced to imprisonment with prison labor for not less than two years in the Jeonju District Court on February 8, 2017, and the judgment was finalized on July 15, 2017.

[Criminal facts] The Defendant, who was diagnosed on October 17, 2013, was diagnosed by Albimer’s disease (Dementia), committed the following crimes under the circumstances where the Defendant committed the following crimes with the lack of ability to discern things or make decisions due to symptoms, such as the decline of recognition capacity, over-the-counter circumstances, and increase of violent inclinations.

1. On April 27, 2017, the Defendant, around 14:25, the instant building fire prevention (2017 high x 125) of the instant building (2017 high x 125), when the Victim B resides with her husband C, was on the roof of the brick sand site panel in Yansan-si, where her husband B resides with her husband C, and the Victim’s son committed vain between the Defendant and the Defendant.

In misunderstanding this, the Defendant destroyed part of the said housing with approximately KRW 10,000 of its repair cost, by attaching a stringer, who was placed adjacent to the entrance, using a one-time tool that had been prepared in advance, to the window of the said house and the inner gate of the said string.

2. Violence (2017 Height 141), around June 6, 2017, the Defendant discovered that the victim C (66 years old) who had a good appraisal as a matter of land in the past and had a good appraisal as to the past issues, was driving the horse, and assaulted two times by the stick being used in his/her hand.

The Defendant, as stated in its reasoning, has committed each crime on the facts constituting a crime that constitutes imprisonment without prison labor or heavier punishment while changing things or lacking the ability to make a decision, and needs to receive treatment at the treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

2017 Maz. 125

1. A protocol concerning the examination of the police officers of the accused;

1. The witness B’s legal statement

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