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(영문) 대구지방법원 2015.12.04 2015고합458

일반건조물방화미수등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to the on-site illness, etc.:

While the defendant temporarily moved in the victim D's religious head's house which is the victim D's religious head in the Sinnam-gun, he received a notification from the above head of the clan E to the effect that he cannot live in the family head's religious manager's house because he could not live in the family head's house, and he thought that he will leave the above family manager.

1. On April 14, 2015, the Defendant: (a) around 14:00 on April 14, 2015, the Defendant: (b) loaded 20-liter capacity of gasoline in the Defendant’s Otobane; (c) found 20-liter capacity of gasoline in the 20-liter manager’s house, which is the victim’s clan; and (d) up to the second floor of the building, up to the second floor of the building, damaged the free window of the Defendant’s house, which is the victim’s clan, by shouldering two of the windows of the living room’s windows.

2. In a time, at the same time, and at the same place as in paragraph (1), the Defendant attempted to burns the above manager’s house by putting one gasoline on the floor of the second floor living room in the above manager’s house, putting the first floor and opening the first floor of the above manager’s house into the first floor, and putting the first floor of the above manager’s house into the first floor, and cutting the window in the width, she attempted to extinguish the above manager’s house by putting the gasoline into the window in a single-use window, but she did not go through an attempted attempt without putting the first floor frame of the manager’s house in a single-use window, and without putting it into the entire part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes 18 copies of photographs, estimates of damage, photographs, and written medical opinions (Evidence Nos. 18);

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime (the point of destruction and damage of property, the choice of imprisonment), Articles 174 and 166 (1) of the Criminal Act (the point of attempted crime of general buildings);

1. Article 10(2) of the Criminal Act for statutory mitigation;