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(영문) 대전지방법원 홍성지원 2019.10.24 2019고합56
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One set (No. 1) for a time seized shall be confiscated.

Reasons

Criminal facts

The facts constituting the grounds for medical treatment and custody and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as "defendant") are not stated in the facts constituting the offense of indictment in the state that they are mentally handicapped who have been diagnosed as a person with a mental disorder and lack the ability to discern things or make decisions. However, even if the prosecutor stated in the applicable provisions of Article 10(2) of the Criminal Act and added the part of mental disorder, it does not affect the guarantee of the defendant's right to defense. Thus, the part of mental disorder shall be added without the procedures for modifying

On June 27, 2019, around 21:30 on June 27, 2019, members of the family in Chungcheongnam-nam Budget C Apartment D, Chungcheongnam-gun, the Defendant leased and inhabited, destroyed the apartment building so that approximately KRW 2,037,00,000,00 of the above apartment building was destroyed by setting fire to the fire station's property damage to the fire station's property damage by putting him/her out of the apartment building by putting him/her out of the house and laying him/her out of the house with a stringer (Evidence No. 1).

Accordingly, the defendant set fire to the 105-households, including himself, destroyed the structure that people use as a residence.

[Facts of the cause of medical treatment and custody] The defendant is a mentally handicapped person who has been diagnosed as a mental illness, and a person who commits a crime falling under imprisonment without prison labor or heavier punishment by setting fire to a structure used by people as a residence, such as the above facts constituting a crime, is likely to repeat the crime and needs to receive medical treatment at the medical treatment and custody

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1.The report (fire), internal investigation report, internal investigation report (in relation to the investigation of the other party of the first witness), internal investigation report (in relation to the confirmation of CCTV in a C apartment), internal investigation report (in relation to the self-denunciation and emergency hospitalization), victim and corresponding person after the occurrence of the principal investigation report.

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