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(영문) 부산지방법원 2015.02.13 2014고합894

현존건조물방화

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From November 10, 2014 to Busan Jung-gu, 121 (Maeuri-dong 4A), the Defendant was diagnosed as a “Mean-gu Hospital” hospital located in Jung-gu, Busan, Jung-gu, 121 (Maung-dong 4) and was hospitalized.

At around December 24, 2014, when the Defendant lacks the ability to discern things or make decisions due to such diseases as mental fissionism, etc., the Defendant discovered seven volume of tobacco generated from the first floor of the above hospital, after smoking tobacco on the first floor of the above hospital, and then sending the above hospital.

Then, the defendant opened a lid from the above apoper, spreads a stoper on the floor of the corridor, cut a cigarette in a tearer with tear, and laid down on the floor, and let it spread down on the underground corridor, wall surface, and on the ceiling.

Accordingly, the Defendant destroyed the hallway floor, wall surface, ceiling, fire hydrants, etc. of existing 409 underground floors of the above hospital related persons and hospitalized patients.

Summary of Evidence

1. Defendant's legal statement;

1. On-site CCTV CDs;

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

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (in relation to interview with the doctor in charge of a suspect, interview with the doctor of a suspect, interview with the doctor of a suspect, and attachment of opinions, with respect to unsatisfying of a crime tool, fire appraisal report and unsatisfying/sating of seized articles, telephone communications with the other party

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Reasons for sentencing under Articles 10(2) and (1), and 55(1)3 (a) of the Criminal Act for statutory mitigation [the scope of applicable sentences] : (a) 1 year and 6 months to 15 years [the decision of a sentence] ; (b) general standards; (c) type 1 (the prevention of fire, such as the present main building, etc., the public structure, etc.; and (d) 1 (the special person without responsibility) / [the person with a mental disability] serious reflectness, and there is no history of criminal punishment [the scope of recommending punishment].