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(영문) 대구지방법원 2016.07.22 2016고합146

현주건조물방화등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant committed the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to a mental disorder caused by detailed unknown mental disorder:

1. On November 19, 2015, the Defendant: (a) destroyed the said Category D 103, which was owned by the victim E, by attaching fire to the said waste, etc., to a dialter that was possessed after gathering waste, etc. from the Defendant’s house located in a living room around 20:25, Daegu-gu, Daegu-gu, 103 at around November 19, 2015; and (b) destroyed the said Category D 103, which was owned by the victim E.

2. A crime committed on December 10, 2015, around 16:50 on December 10, 2015, the Defendant destroyed the said D No. 103 to ensure that the market price of KRW 1 million is KRW 1 million, by gathering the Hun-Ga clothes, wastes, etc. from the above Defendant’s house, and attaching them to the toilet by attaching them with a fire, such as the waste, etc., to the container, etc., in a smoke.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site reports on the results of meals;

1. Investigation report (No. 3 No. 5 of the evidence list);

1. Occurrence of accidents against the current owner's building or fire, and voluntary accompanying reports;

1. Photographs and on-site photographs;

1. Application of Acts and subordinate statutes to medical treatment;

1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act concerning facts constituting an offense (the choice of imprisonment with prison labor for each limited term);

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mental and physical weakness) of the Criminal Act mitigated by law;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for the crime of fire-prevention against the structure of the present owner on December 10, 2015, whichever is heavier);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. The alleged defendant merely put a fire to carry only such things as garbage, etc., and thus, at the time of each of the crimes of this case, there was an intentional act to prevent the present building and fire.

subsection (b) of this section.

2. The reasoning of the judgment reveals the following.