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(영문) 서울동부지방법원 2014.05.30 2014고합90

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who resides in Gangdong-gu Seoul Metropolitan Government 602 Gosiwon.

Around 23:00 on March 16, 2014, the Defendant received a text message from a male-child E who promised marriage from the above 602m2, stating, “I will not end up to frings. I will do so. I will not end to marriage.” On this occasion, the Defendant sent a portable gas bag (Evidence No. 1) with a stringer (Evidence No. 2) and added a fire on one occasion, thereby making it possible for the Defendant to spread to six houses (No. 602 and part of No. 601) with a total floor area of 9.92m2m2, which is 92m2 square meters in a sandd location plate via the stringer’s wall.

As a result, the Defendant destroyed the sixth floor of the above Gowon's building, which is a G owner used as a residence by about 35,200,000 won for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. On-site reports, investigation reports (investigation into the confirmation of whether a portable gas has been used at the time of fire-fighting), investigation reports (Submission of written estimates to the victim G), investigation reports, and investigation reports;

1. Application of each existing Act or subordinate statute of a single gas bag (No. 1), a disposable-use paint (No. 2) to a seized portable gas tape;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Act of confiscation

1. The alleged defendant asserts that he was in a state of mental suffering, since he was under the influence of alcohol at the time of committing the instant crime.

2. According to the defendant's legal statement, the medical certificate prepared by the doctor H, and the criminal brief (investigative Record 2 pages), the defendant was diagnosed with depression since 2005 and treated drugs in the past.