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(영문) 의정부지방법원 2018.11.08 2018고합305

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 약 1∼2 년 전 이웃에 거주하는 피해자 C의 집에 장마로 인해 배수로가 넘쳐 물이 들어온 일이 있었는데, 당시 피해자가 그 원인을 피고인의 부모 탓으로 돌리며 욕설을 한 것에 대해 나쁜 감정을 가지고 있었고, 평소 피해자의 우사( 牛舍 )에서 냄새가 많이 난다는 이유로 피해자의 우사에 불을 질러 태우기로 마음먹었다.

1. On September 12, 2018, the Defendant: (a) on September 12, 2018, when the victim of the damage in Yancheon-si D uses the house as a residence; and (b) had a tent and structure connected to the tent, the Defendant: (c) destroyed the Defendant by setting fire into a luminous string with a vinyl consisting of a strawer possessed by the stringr in order to sled the straw.

2. On September 14, 2018, the Defendant: (a) destroyed the luminous plane by setting fire to the luminous plane with which the victim was holding one wall of a sandr, even if the victim was in a room connected to a sandr, at around 21:30, at the same place as above; and (b) the Defendant destroyed the luminous plane with one wall of a sandr.

Accordingly, the defendant destroyed a building used as a residence by a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 12Report on the handling of reported cases, report on the results of field identification, and on-site photographs;

1. Photographs at the time of dispatch of the site;

1. Application of investigation reports (victim’s collection structure), field photographs, investigation reports (CCTV verification), CCTV photographs, and CDs-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act concerning the selection of punishment (selected to imprisonment with labor for a period of time);

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 present owner's structure on September 14, 2018, 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Confiscation Article 48 of the Criminal Act.