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(영문) 서울중앙지방법원 2018.08.22 2018고합553

현존건조물방화

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

Reasons

Punishment of the crime

From November 2016, the Defendant owned D in Seoul Special Metropolitan City Gwanak-gu, and resided in 102 of the first floor of the third apartment house for six households residing in Seoul Special Metropolitan City, and around May 1, 2018, E, a community line of the society, resided together with the above 102.

On May 9, 2018, at around 04:25, the Defendant, in a manner that lacks the ability to discern things or make decisions due to the influence of an island development from the influence of alcohol development (e.g., progress appearing when a person who has been drinking for a long time stopped or reduces his own drinking, and island condition) in the inside room of the above 102, left the sense that “a woman has taken her place into her mother with her mother,” and left the sense that “a woman has taken her mother to her mother with her mother to her mother,” she had the ability to discern things.

Accordingly, the Defendant brought 2 raines in front of the entrance door of a ward, put them on the floor of a room, put them into a mountain by attaching a fire with a fluor, and moved them into a mountain, and even though the above E was found in governance and attempted to remove water from a shooting, the Defendant was able to lock the door and prevent the Defendant from entering the above E.

As a result, the inside 102 inside banks and wards, etc. were carried with the inner office fixtures and walls, etc., and the building outer walls, the 2,3th floor stairs, walls, etc. were separated.

Accordingly, the defendant set fire to the residents of E and the building in question so that approximately KRW 20 million of the cost of repairing the existing building owned by the residents of E and the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to F;

1. Each police statement to G, H, I, and J;

1. Investigation report [Attachment related to the emergency medical examination and treatment of a suspect and submission of opinions, attach a medical certificate of a suspect, attach a copy of statement and medical record of a victim, etc., make statements and amount of damage, relation to actions of a suspect after a fire, attach a certified copy of a register of a suspect'

1. Written opinion on the transfer of a person to be in an emergency room, one suspect's diagnosis report, and the result of fire identification; and