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(영문) 서울서부지방법원 2018.04.30 2017고합417
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The facts constituting the cause of the medical care and custody [criminal facts] The Defendant and the person who received the diagnosis of “compiced illness” (hereinafter “Defendant”), and the person who lacks the ability to distinguish things or make decisions. On October 30, 2017, around 23:00, he stored a cigarette on the bend floor of the Defendant’s residence located in Seodaemun-gu Seoul Metropolitan Government 105 dong 603, and carried out part of laundry and bending a laundry, which was carried out by the fire officer who received the report from neighboring residents, was attempted to extinguish the fire.

[The need for a medical care and custody claim] The Defendant, a person who received a diagnosis of “complicationed illness,” lacks the ability to discern things or make decisions, as he/she has a refund hall, a year, an unrealistic accident, a limited emotional disorder, a practical judgment disorder, etc., and thus, requires a long-term mental medical treatment for the treatment, social adaptation, and prevention of recidivism. In the event that he/she does not undergo such treatment, it is necessary to undergo a medical care in the care and custody facility as a person who is highly likely to repeat the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. 112 A list of reported cases;

1. A report on the results of field identification;

1. Comprehensive report on fire occurrence;

1. Application of Acts and subordinate statutes reporting the results of mental appraisal;

1. Relevant Articles 174 and 164 (1) of the Criminal Act concerning the facts constituting an offense (opportune imprisonment with labor);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 2(1)1 of the Act on the Medical Treatment, Care and Custody, etc. and Article 10(2) of the Criminal Act

1. The gist of the assertion is that the Defendant paid the fruit trees, and there is no intentional payment of the fire, and even if not, it is true.

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