2017Gohap758 Existing Buildings and Fire Prevention

2017 high-ranking3 (Joint Medical Treatment and Custody)

A

Chang-gu Office (Court of Prosecution) and Kim Woo (Court of Public Trial)

Attorney B (Korean National Assembly)

September 7, 2017

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Criminal facts

1. The point of mental retardation

The defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants") have received mental treatment due to 's depression disorder' that shows symptoms of depression, damage, and religious network', and they have committed the following crimes in a state that they lack the ability to discern things or make decisions due to mental disorder as above.

2. Criminal facts and reasons for requesting custody;

On June 10, 2017, at the defendant's house located in Jongno-gu Seoul Metropolitan Government, on the ground that son(9 years of age) said quizzle, the defendant thought that she reported her own house and told her quizzle, and moved her house to the above house, which is the front house and the front house (50 square meters of the size) with a fire attached to her fire and her fire attached to the buzzle, and the buzzle and her fire attached to the E-building (3 floors above the ground) which is subsequent to it, by using the buzzle, which was located in the buzzle in the buzzle in the room, and by using the buzzle, the defendant moved her house into the front house and the buzzle, which is the front floor (50 square meters of the size).

Accordingly, the Defendant destroyed all the above E-building F bonds owned by the victim F, who is the mother of the Defendant living nine persons, such as family members, and destroyed the above E-building 101 and 201, which is owned by the Korea Land & Housing Corporation.

3. Necessity of medical treatment and custody and risk of recidivism.

Accordingly, the Defendant has committed a crime corresponding to imprisonment without prison labor or a heavier punishment due to the above mental disorder, and requires medical treatment in a medical treatment and custody facility and risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. On-site photographs, photographs to secure unregistered evidence, and reports on the results of joint fire-fighting;

1. Necessity of treatment and risk of recidivism: The following circumstances are revealed by the aforementioned evidence and diagnosis, medical care benefit statement, investigation report (to hear the suspect's statements, such as mental illness, etc. against the suspect's mother), mental appraisal result, i.e., ① the defendant was detained in the Medical Treatment and Custody Center from June 27, 2017 to July 25, 201 through mental interviews, mental condition tests, two parts and chest X-ray tests, clinical pathology tests, etc. The defendant was found to have shown mental symptoms of the defendant to the effect that it was necessary to receive treatment and custody at the facility of this case, including mental health care and custody, and it was found that there was no need to receive proper treatment and custody from the mental health care and custody of the defendant for the purpose of committing the crime. ② The defendant was found to have been diagnosed as having shown that there was no need to receive treatment and custody from the mental disorder of his family members, such as mental health disorder or mental therapy after the treatment and treatment of the defendant.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 164(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Statutory mitigation;

Articles 10(2) and (1) and 55(1)3 of the Criminal Act (person with mental disability)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Medical treatment and custody;

Article 2 (1) 1 of the Medical Treatment and Custody Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of nine months to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Type 1 (Setting Fire to Present Living Building, etc.) of the General Criteria for Fire-Fighting Crime Group

【Specially Exemplarys / Mitigations : A mentally ill-incompetent (no one shall be responsible in person)

[Scope of Recommendation] Reduction Area: Imprisonment with prison labor for a year and six months from one to three years;

3. Determination of sentence: A crime of arsoning a structure existing in 10 months of imprisonment is highly likely to cause serious harm to an unspecified number of people. A house built by the Defendant’s mother is located in the place where nine family members of the Defendant live, and thus, a large amount of human life damage may occur. Considering that the crime of this case is not only the house built by the Defendant’s mother but also the house built in a second-class glass and shock of the surrounding rental house, even if there are considerable damage to the property, it is still deemed that the compensation for damage is not yet made, considering that the Defendant’s corresponding punishment is necessary.

However, the Defendant committed the instant crime under the state that he lacks the ability or decision-making ability to discern things due to the 's symptoms such as depression, damage net, religious net, and exchange disorder', which show symptoms such as depression, damage, and the ability to discern things, and there is no loss of human life caused by the instant crime, and the fact that the Defendant was an initial offender who has no record of punishment is favorable to the Defendant.

In addition, the defendant's age, character and conduct, environment, motive and means of the crime, results, circumstances after the crime, etc. of this case and all the sentencing conditions shown in the records and arguments of this case shall be comprehensively taken into account, and the punishment shall be determined as ordered by the order, beyond

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong