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(영문) 인천지방법원 2016.06.23 2016고합244

일반건조물방화

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:54, Jan. 29, 2016, when the Defendant was receiving treatment with ADD (ADD), the Defendant was aware of the fact that the paper was accumulated by the winners of the “E” building owned by the victim D in Bupyeong-gu Incheon Metropolitan City, and therefore, was aware that the paper would be put to a paper box, etc., even though he was aware that the paper would be put to a paper box if the paper was put to a paper, etc., after he was put to a paper paper on the paper, put the paper in a place where the winners of the above paper was stored, and put the paper to a paper box, put it to a paper box, put the building to a cover with the outer wall of the above building and the outer wall installed once due to the building color, etc., and destroyed the outer wall of the victim and the outer wall owned by the victim to the extent that the paper would be put to a paper box.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site reports on the results of meals;

1. The defendant and his defense counsel asserted that the defendant reached the crime of this case in a state of mental and physical weakness due to lack of due diligence (on-site inspection and CCTV verification), investigation reports (a written estimate and a statement attached to a suspect hospital) and mental and physical weakness.

According to the records, it is recognized that the defendant was diagnosed as the ADD-gun (ADD-gun) with lack of care in his/her over-the-job hospital.

However, in light of the background, method, and circumstances after the crime of this case, at the time of the crime of this case, the defendant was in a state that the defendant had weak ability to discern things or make decisions due to the disease of this case.

It is not visible.

Defendant

The above assertion by the defense counsel cannot be accepted.

Application of Statutes

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (the defendant is the primary offender, and the physical result is the crime of this case).