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(영문) 인천지방법원 2015.08.11 2014고합881

현주건조물방화

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around July 9, 2014, the Defendant was hospitalized in the “F Hospital” operated by the head of the hospital located in Incheon Reinforcement-gun for the treatment of alcohol addiction.

Around 14:00 on July 16, 2014, on the ground that the Defendant was absent from and drinking alcohol at a sunset hospital, and was isolated by the guardian of the above hospital, the Defendant attempted to destroy the above hospital by setting fire to the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and H;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is that the crime of fire prevention, such as this case, is highly likely to cause property losses as well as human life damage.

In particular, the location where the defendant attempted to commit a fire was a hospital in which many unspecified people are hospitalized, and if it was not immediately fighting, it could cause a big damage.

The defendant has been sentenced to a suspended sentence for the same crime.

However, the defendant acknowledges and reflects his mistake.

In many cases, there is no loss of human life and property damage due to the attempted crime.

The criminal records of the same kind are due to the crimes of about 15 years.

In light of the witness G and H's statements and the defendant's statements, etc. at the time, the question is that the defendant is detained in his/her own room and speaks in his/her own room.