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(영문) 의정부지방법원 2017.08.21 2017고합187
현주건조물방화미수
Text

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

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

The defendant is a person with a mental disability of the third level, who is hospitalized in the C Hospital or who is receiving a support mental treatment due to the problems of behavior related to the hall and the network, and is being hospitalized in the C Hospital due to an ambiguous circumstance.

On January 3, 2017, the Defendant: (a) at a leased apartment owned by the victim Korean Housing Corporation of Korea, around 00:15, around 1303 Dong 302, the Defendant: (b) placed a fluorial fire on a paper using a portable gas bag, without any reason, while the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder; and (c) tried to extinguish the existing apartment by 145 households using it as residential purpose or by setting fire to the inner floor and the fluorial fluor.

On the wind of extinguishing fire by a fire officer called by a neighboring resident's report, a part of the inner floor board was on the wind.

Accordingly, the defendant tried to fire a building which a person uses as a residence or exists.

There was an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and reports on the results of identification;

1. Written opinions and replies to inquiries into facts;

1. A full certificate of registered matters and a copy of a welfare card;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

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

1. Grounds for sentencing of a person with mental or physical disability whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, who is subject to the reduction of punishment pursuant to subparagraph 1 of Article 2-3, Article 2-2(1) and Article 44-2(2) and the main sentence of Article 44-2(3) of the Act on the Order for Medical Treatment, Protection, Medical Care, Care, etc. (the defendant is in need of receiving hospital treatment as a person with mental or physical disability whose punishment is mitigated due to his detailed uncertainty, and in light of the purpose and content of the instant crime, and the record of previous crimes,

1. The scope of punishment:

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