A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") have weak ability to discern things or make decisions, who have been diagnosed with alcohol dependence and dementia, due to the lack of ability to discern things.

From February 17, 2014, the Defendant was hospitalized in the D mental clinic located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu. From around March 15, 2014, the Defendant opened the hospital to conduct an election campaign at around 12:40 on March 15, 2014, and walked the paths adjacent to the Chungcheongnam-gu, Chungcheongnam-gu, Cheongcheon-gu, Cheongcheon-gu, Cheongcheon-gu. The Defendant added the fire to the dry field of 300 square meters and added the fire to the dry field as a whole.

Accordingly, the defendant caused public danger, such as threatening to the life and body of many unspecified citizens who walk in the influence of the infinite.

The defendant needs medical treatment at a medical treatment and custody facility as a dementia patient who shows a disability in the current understanding ability and actual judgment ability, such as the current understanding ability, and there is a risk of repeating a crime of the same kind or different kind in the future.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. The police statement concerning F;

1. Each written statement of G, H, I, and J;

1. Seizure records;

1. A report on investigation (investigation of a suspect and witness in the vicinity);

1. The need for the treatment of the instant case and the risk of recidivism: The Defendant is a dementia patient whose intellectual functions related to the concentration of care, mental exercise speed, and cognitive net force are reduced due to alcohol dependence, and commits the instant crime in a state of mental disorder with mental disorder. In addition, comprehensively taking account of the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, environment, etc., the need for treatment and the risk of recidivism are all recognized. The application of statutes is to apply.

1. Relevant Article 167 (2) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Medical Treatment and Custody Act;