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(영문) 전주지방법원 군산지원 2018.10.11 2018고합75

현존건조물방화등

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

Reasons

Punishment of the crime

The Defendant committed the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to the division mobility disorder, illness, depression of middle class, etc.:

1. On March 21, 2018, on the ground that the Defendant destroyed property, around 15:20 on March 21, 2018, the Defendant: (a) removed a living room or remote area from a room; (b) destroyed a bend door of 50,000 won at the market price of the victim’s land and the remote area of a living room where the market price is unknown, on the ground that the D apartment, a public rental apartment located in Da, 103, 1009, which is a public rental apartment located in Da, the Defendant’s dwelling, is difficult.

2. On March 21, 2018, the Defendant: (a) around 16:25, at the places indicated in paragraph (1) above, sent a fire to the house on the ground of the same reasons as the stated in paragraph (1) above; (b) put the Defendant’s clothes on the gas bags located in the house; and (c) put the Defendant’s clothes on the gas bags located in the kitchen; and (d) put the Defendant’s usual cigarette onto gas bags and the main wall by using a disposable dog for smoking.

Accordingly, the defendant set fire to the above apartment residents and destroyed the existing building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Arrest report on the occurrence of the case, report on internal investigation (related estimates), photographs of the scene of damage, photographs of the lease contract of an apartment, pictures of the apartment, reports on internal investigation (receiving written estimates for damage), written estimates, and field photographs;

1. The point of mental and physical weakness as indicated in the judgment: The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court, such as a written request for emergency hospitalization, a criminal investigation report (Attachment to a statement of opinion on suspect treatment), and a written opinion on medical treatment, a written confirmation of medical treatment submitted by a defense counsel, and a copy of each medical record (Evidence 1, 2, and 3). In other words, the Defendant continued to receive medical treatment for about eight years since around April 30, 2010 due to symptoms, such as the depression and exposure, of a middle school, from around eight years to around eight years. In particular, the Defendant continued to receive medical treatment on June 2012.