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(영문) 서울서부지방법원 2017.09.20 2017고합168

현주건조물방화

Text

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

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

The Defendant is residing in Seodaemun-gu Seoul at the Multi-household Building 201 (hereinafter “instant building”) on the third floor above the ground located in Seodaemun-gu Seoul (hereinafter “instant dwelling”).

The Defendant, while under the influence of alcohol around March 1, 2017 (e.g., alcohol content 0.155%) around 05:52, on the ground that a female-friendly Gu living together in the instant residence is suspected of having mental illness and cannot live together, and thus, he/she is forced to leave his/her residence.

112 After the report, the police officers were subject to the crackdown on drinking driving, and the police officers, who were called to the scene of light 06:56 on the same day, had the police officers enter the house in light of light 07:01 and enter the house in light of light 07:01 on the same day, and let them move to the entire residence of this case with a fire at 2 places around the small-scale entrance gate in a non-less manner.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of seizure and a list of seizure;

1. Report on the results of meals at the scene of a fire, results of meals at the scene of a fire, results of joint identification of Seodaemun C multi-household houses, reports on accident investigation at the scene of a fire, and reports on the results of on-site identification;

1. Investigation report (a counter investigation of a reporter), investigation report (the list of reported fire-related 112 cases), investigation report (the number of CCTVs at the scene), investigation report (related to emergency treatment of a suspect), investigation report (in cases of emergency treatment of a suspect), and investigation report (in cases of sending a report to the head of the Seoul Special Metropolitan City prosecution office's office as a result of

1. Application of the Acts and subordinate statutes governing on-site CCTV storage CDs;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Reduction of a small amount (The following circumstances favorable to the defendant shall be considered) under Articles 53 and 55 (1) 3 of the Criminal Act:

1. The suspension of execution (the following sentencing factors are repeated in favor of the defendant) Article 62 (1) 1 of the Criminal Act.