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(영문) 수원지방법원 안산지원 2016.11.18 2016고합226
일반물건방화
Text

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

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

Applicant for medical treatment and custody.

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal facts] Defendant and the applicant for medical treatment and custody (hereinafter referred to as “Defendant”) are under a state that they have the ability to discern things or make decisions due to lack of intellectual ability due to mental retardation:

1. On April 1, 2016, around 23:50, the trees of the above trees, which are general goods, are destroyed by burning the above trees, by attaching fire to the beginning with a log (Evidence No. 1) possessed in the green area owned by Ansan-si, a member of Ansan-si, a Sinsan-si, a member of Ansan-si, and on the ground of freezing and frozen 1,000,000 square meters of the market price owned by Ansan-si, a 4glus (10 square meters of the total floor area).

2. On April 2, 2016, around 03:30 on April 2, 2016, in a green area owned by Ansan-si located in Ansan-si, an Ansan-si, a member of Ansan-si, by attaching a fire to the beginning in the same manner as indicated in paragraph (1) on the ground of frozen and frozen, and making the said trees spread to 35 mix (5 m2 in total floor area) the market value of the property owned by Ansan-si, an Ansan-si, a non-breadth, and setting fire by burning the above trees, which

3. On April 2, 2016, around 03:35, in a green area owned by Ansan-si in Ansan-si in Ansan-si, a member of Ansan-si, and on the grounds of frozen and frozen, a fire was attached to the beginning in the same manner as described in paragraph (1) and the market price owned by Ansan-si, a city in Ansan-si, a non-breadth of which was 50,000 square meters (five square meters in total floor area) and destroyed the above trees, which are general goods by burning the above trees.

Accordingly, the defendant set fire on three occasions and destroyed the object owned by Ansan City, thereby causing public danger.

[Facts of the cause of medical treatment and custody] The Defendant was registered as a Grade 2 intellectual disabled person around January 16, 1998, and was treated by being hospitalized in the closed ward at a mental hospital from October 30, 2010 to January 19, 2013 and from February 12, 2013 to November 2, 2015 due to intellectual disability (low recognition function, impulse behavior, social function change, etc.) caused by mental retardation.

The Defendant, as stated in the facts constituting an offense, has no capacity to discern things or make decisions due to the above mental or physical disorder.

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