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(영문) 대구지방법원 2013.05.10 2012고합1153
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

A person who lacks the ability to discern things or make decisions due to mental disorder, such as loss, exchange, booming accident, difficulty in shocking, and suffering from extreme behavior, etc., under the name of a mental disorder disorder in detail. The defendant and the requester for medical treatment and custody (hereinafter referred to as "defendant") are those who lack the ability to discern things or make decisions.

On August 4, 2012, around 22:10, the Defendant attempted to extinguish the said apartment by putting fire on the bend floor of a bend and putting fire into fire due to the foregoing military registration accident in a state that the Defendant, at around 22:10, the Defendant’s dwelling place in Daegu Northern-gu, was lacking the ability to discern things or make decisions due to such mental or physical disorder. However, the Defendant attempted to commit an attempted act by extinguishing the fire by a fire officer who was dispatched upon receipt of a report, before moving the fire to an apartment.

[Facts of the cause of medical treatment and custody] As above, the Defendant is a person who has committed a temporary structure or an attempted crime resulting from imprisonment without prison labor or a heavier punishment, and is in need of medical treatment and custody facilities to provide medical treatment for a mental fission; under the above symptoms, there is a risk of repeating a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (Attachment of a suspect's shot photo, attachment of a suspect's shot photo, confirmation of a disease, attachment of a medical opinion, attachment of on-site photographs, call call for on-site inspection of the on-site conditions of fire officers and rescue units);

1. The need for the treatment of the case and the risk of recidivism: According to the above evidence, the defendant committed the instant crime under a state of mental and physical disability with a mental disorder, and considering the circumstance and contents of the instant crime recognized by each of the above evidence, the defendant's age, character and conduct, environment, mental condition, etc., it is necessary to receive the treatment at the medical treatment and custody

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