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(영문) 서울남부지방법원 2016.12.23 2016고합549
일반건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

A portable green guide (No. 1) seized shall be confiscated.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody [criminal records] Defendant and the candidate for medical treatment and custody (hereinafter referred to as “Defendant”) were sentenced to the suspension of the execution of two months in the Seoul Southern District Court on March 27, 2015, for general fire prevention of a building in Seoul Southern District Court, and the said judgment became final and conclusive on April 4, 2015, and are currently under the suspension of the execution.

【Criminal Facts】

The defendant is a person who lacks the ability to discern things or make decisions due to mental disorder.

At around 14:30 on April 27, 2016, the Defendant: (a) tried to extinguish the fire to the plastic wall owned by the victim D (V, 7 years old) who is a general structure, using a portable horse owned by the ordinary house on the ground that he wanted to go to the house by fire in the Gucheon-si C, and (b) attempted to extinguish the fire to the outer wall of the plastic wall owned by the victim D (M, 7 years old); (c) but (d) he discovered the fire and attempted to extinguish the fire immediately.

[Facts of the cause of medical treatment and custody] The defendant is a person with mental disorder caused by editing mental fission, and commits a crime of the same kind despite having been sentenced to a suspended sentence, such as the statement of criminal records, without any special reason, there is a need to receive medical treatment and a risk of recidivism in the medical treatment and custody facility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A protocol of seizure, the list of seized articles, the photograph of seized articles (one seal), and on-site photograph;

1. Previous convictions: Criminal history records, investigation reports (Attachment of the same kind of judgment of a suspect), 【A', 【A', 【A', the necessity of treatment, and risk of re-offending' as indicated in the judgment of the court below, and the following circumstances acknowledged by the records, such as each evidence and welfare card (Grade 3), opinions, and notification of the results of a mental evaluation, i.e., the defendant was registered as disabled with mental disability 3 around 2002, i.e., the defendant has been treated with efficiencies for at least 10 years, and ii the defendant's doctor who has appraised the defendant as a patient with a mental disability at the time of committing the crime.

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