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(영문) 서울북부지방법원 2013.05.31 2013고합23
현주건조물방화등
Text

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

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

The facts charged of this case.

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") are those who have been under medical treatment for about 20 years since 20 years ago.

While the Defendant lacks the ability to discern things or make decisions due to mental fissionable diseases, such as a malfunction of the lux, exchange time, and exchange situation, or a degradation of shock control capacity, etc., the Defendant attempted to burns the said D apartment at the Defendant’s house of 1201 and 1305, which is owned by the Seoul Special Metropolitan City Urban Development Corporation (SH) in Jung-gu, Seoul, Seoul, at around December 4, 2012, at around 22:10, the Defendant attempted to extinguish the said D apartment by setting fire 1201, which had a power and visibility on the gas siren, without any special reason, but had tried to fire alerted, but the said D apartment management office, which had received fire alert, did not turn out the fire extinguishing machine from E, and attempted to do so.

As above, the Defendant is a person who commits a crime punishable by imprisonment without prison labor or a heavier punishment in a state of mental disability and needs to receive medical treatment at a medical treatment and custody facility and is in danger of

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. On-site photographs;

1. A criminal investigation report (with respect to the name of a suspect), a written confirmation on outpatient medical treatment, a written opinion, and a mental appraiser;

1. The need for the treatment of the case and the risk of recidivism: The following circumstances recognized by the statement of each of the above evidence are as follows. The defendant has shown mental symptoms, such as the current network, scopic thinking, scopic accident, exchange situation, and exchange rate, dynamic attack behavior due to the decline in the shock control capacity, and the degradation in the real verification capacity, and the defendant's mental therapy is considered necessary in the future. The defendant's statement and attitude from the investigative agency to the court, the defendant's character and behavior, environment, etc. are comprehensively taken into account.

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