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(영문) 광주지방법원 목포지원 2018.04.26 2018고합11
일반건조물방화
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

Punishment of the crime

On September 16, 2010, the Defendant had been hospitalized and treated in the early stage due to emotional disorder, etc. from around September 16, 2010, and had weak ability to distinguish things or make decisions.

On December 13, 2017, the Defendant: (a) around 12:00, on the ground that the victim D’s house owned by the victim D, who was not living by C, appears to have been unsatisfed due to mental illness, such as the current operation disorder, etc., from which he was holding a brub cremation site at the flood, and then transferred the fire to the entire house.

Accordingly, the Defendant destroyed the fire by setting fire to approximately KRW 6.78,00,000,000 in the market price of the house owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A criminal investigation report (related to the commission of a crime), a criminal investigation report (related to the confirmation of details of a suspect's medical examination and treatment), and a criminal investigation report (related to the verification of

1. Reporting on the situation, reporting on the results of field identification, and sending a fire site investigation report;

1. A certificate of admission/discharge, and a written investigation before judgment;

1. Application of the photographic Acts and subordinate statutes;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Articles 2-3 subparag. 1, 44-2 subparag. 1, and 44-2 subparag. 2 (2) of the Act on the Order of Medical Treatment, Protection, Medical Care, Care, etc. (Recording of the record), which are physically and mentally disabled persons whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, constitutes a person who has committed an offense entailing imprisonment without prison labor or heavier punishment, and need to receive outpatient medical treatment, and there is a risk of recidivism as a requirement for the instant medical treatment order in light of the purpose and content of the

Bosil)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The range of applicable sentences: Imprisonment for a year to February 15.

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