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(영문) 서울중앙지방법원 2015.07.23 2015고합533
공용건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant had a weak ability to discern things or make decisions due to behavior adjustment disorder such as impulses and aggressive behavior disorder in the third degree of intellectual disability.

From May 2015, the Defendant had been living in a day-to-day in Seoul area, and had been living in a mental hospital located in Gangnam-gu 8, Gangnam-gu, Gangnam-gu, to be hospitalized in a mental hospital with difficult living.

At around 04:00 on June 9, 2015, the Defendant added a stop to a racker, which was in possession of 78-lane 5, the Gangnam-gu underground shopping district located in Seocho-gu, Seocho-gu, Seoul, 78-gil, 8-gil, and attempted to remove the racker from the wall by putting it out to the wall used by security guards. However, the Defendant attempted to extinguish the underground shopping district by putting it out to the wall. However, the Defendant attempted to commit an attempted attempt to commit a fire by putting the racker inside the racker, who was in possession of the racker, and only part of the wall of the underground shopping district attached to the racker, while putting it out to the building.

As a result, the Defendant tried to extinguish the fire by attaching it to the underground shopping districts of 8 times in the Gangnam-gu, which is a public structure managed by the Seoul Facilities Management Corporation, but did not achieve that intent, but did not commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Reporting on the results of field identification photographs and field identification;

1. Investigation report (Attachment to a screen of a shot image to a time) and CD ( CCTV image records in the fire-prevention field) (a point of mental health disorder in the market);

1. In light of the certificate of persons with disabilities, a medical certificate, a written confirmation of admission and discharge, a written confirmation of hospitalization, and other motive, background, means and method of the crime, the Defendant’s speech and behavior before and after the crime, etc., it is recognized that the Defendant committed the crime of this case in a state that he/she has an ability to discern things or make decisions due to shock, behavior control disorder, etc.

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