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(영문) 창원지방법원 밀양지원 2014.06.27 2014고합22

공용건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One (No. 1) for 2 liters containing seized gasoline (No. 1),

Reasons

Punishment of the crime

In a state that the Defendant lacks the ability to discern things or make decisions due to mental fissionation, the Defendant was unable to 50,000 won of the market price by putting about 1.5 liters, which was contained in the raw water in advance, on the ground that: (a) around 12:35 on April 26, 2014, she was in front of the entrance of the community center, and was in front of the entrance of the community center, and was in front of the entrance of the above community center, she was able to see about 1.5 liters, which was spreaded on the floor of the above entrance, and was in possession of a fluor for daily use, thereby putting fire into fire at KRW 500,00,000,000 of the market price.

Accordingly, the defendant destroyed the community hall, which is a structure for the public interest.

Summary of Evidence

1. Defendant's legal statement;

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

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (informating, such as field photographs, site samples, suspect photographs, etc., attaching photographs of seized articles, submitting written estimates, and attaching written confirmations of hospitalization of suspect mental hospitals);

1. Article 165 of the Criminal Act applicable to the crimes and Article 165 of the Election of Imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act (a person with a mental disability caused by a mental disorder disorder) that is legally mitigated;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria [Scope of recommending punishment] Type 1 (Setting Fire to Public Structures, etc.) where the actual damage is insignificant in the area of special mitigation (two months of imprisonment and nine years of imprisonment); and

2. The Defendant purchased gasoline to commit the instant crime, found the community hall, which is a public structure, and the method of committing the instant crime is very dangerous and the nature of the crime is very heavy, and no recovery from damage is made. On the other hand, the Defendant did not have any record of punishment for the same kind of crime. Meanwhile, the Defendant is under medical treatment at the time of committing the instant crime, and the Defendant is under medical treatment for not less than 10 years with a mental fission.