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(영문) 대구지방법원 2017.12.22 2017고합356
현주건조물방화등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

The claim for the treatment and custody of this case is dismissed.

Reasons

1. Judgment on the part of the public prosecution case

A. The summary of the facts charged in the instant case reveals that the Defendant and the person in charge of the treatment and custody (hereinafter referred to as the “Defendant”) appear to have a hard distance from the time when she saw from the time when she fright to her, and that he/she thought her behavior to be an act of another person inside his/her body, etc., with a view to the symptoms of his/her detailed uncertainty (mental fission). From February 9, 2012 to March 9, 2012, he/she was hospitalized in the E hospital located in Daegu Suwon-gu D, and was diagnosed as the same on May 25, 2017.

Around 08:30 on March 19, 2017, the Defendant had the ability to distinguish things or make decisions due to the same illness, and around 08:30 on March 19, 2017, at the inside of the house of the Matern G, the victim, who is influence, is against the victim, and the victim is believed to believe the Matern, and the Defendant attached the fluor to the fluor and the fluor of the 28.1 square meters of the total floor area of the house on the roof and the fluor of the fluor.

Accordingly, the defendant, who lives with himself, destroyed all the house owned by the victim, which he uses as a residence, by setting fire.

B. The summary of the Defendant’s and his defense counsel’s assertion is that tobacco smoking was feasible and the fire was spreaded to the entire building, and there was no intentional fire on the building.

(c)

Judgment

1) - The result of the jury verdict - The only evidence submitted by the Prosecutor is insufficient to readily conclude that the Defendant intentionally committed a fire on the instant building, and there is no other evidence.

(d)

In conclusion, since all of the facts charged in this case constitute a case where there is no proof of facts constituting a crime, the court shall render a judgment of innocence in accordance with the latter part of Article 325 of the Criminal Procedure Act and publicly announce the summary of this judgment in accordance with Article 58(2) of the Criminal Act.

2. Determination on a request for medical care and custody

(a) A request for medical treatment and custody;

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