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(영문) 춘천지방법원 2015.11.24 2015고합106

일반건조물방화

Text

1. The defendant shall be punished by imprisonment for one year;

2. One set of offenses, one set of offenses, and one set of offenses, as soon as possible, shall be seized.

Reasons

Punishment of the crime

The defendant is a person who has been hospitalized in a hospital several times due to alcohol existence, and is frequently affected by the net, halling, and patriarching symptoms that he/she dies of his/her body due to the fact that he/she has been hospitalized in a hospital at the time of gold week.

In September 2015, the Defendant continued to drink alcohol from September 23, 2015 to September 23, 201, and from that time, the Defendant had the symptoms of patriarching and patriarching that she attempted to intrude into the house in which she intends to die.

On September 26, 2015, the Defendant: (a) around 02:45, at the D’s house owned by the Defendant, who is located in Gangwon-gun C, the Defendant: (b) was able to carry the window to kill himself; and (c) was able to carry the house with a view to the entire building of approximately 100 square meters of the total floor area of the roof of the wall-building with a brick gate, a large door door, the front of a small door door, and the small door door door door, with a one-time tool attached thereto, in a state of defluence that any ar wants wants to enter the house to kill himself.

Accordingly, the defendant, in a state of weak mind and body, destroyed a house with a house equivalent to KRW 10 million at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site photographs, on-site maps, and photographs of fire incidents;

1. On-site inspection reports, on-site inspection reports on fire accidents, and on-site inspection reports;

1. 112Report settlement statement;

1. Investigation report (the counter investigation of witnesses), (the search of the tendency, etc. of a suspect who is the other party to the F second-hand president), (the investigation related to launching points and field identification - photographs), and (related to the field petroleum storage facilities);

1. Each protocol of seizure by the police;

1. Application of Acts and subordinate statutes for investigation reports (report accompanied by copies of medical records, etc.);

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Period of punishment by law: Imprisonment with prison labor for one year to 15 years;

2. Recommendations on the sentencing criteria: Imprisonment with prison labor for a period of one to two years.