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(영문) 서울서부지방법원 2014.03.25 2013고합404

현주건조물방화미수

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

From September 23, 2012, the Defendant has been residing in the 516 Public Notice Board of “F” operated by the victim E in Eunpyeong-gu Seoul Metropolitan Government.

In the state that the Defendant lacks the ability to discern things or make decisions due to stimulative disorder, the Defendant was stimulated on the damage network where the victim, who is the president of the Gosiwon, gives money to the Defendant and intending to kill the Defendant, and stimule the Defendant with the victim, etc. in order to kill the Defendant.

On November 21, 2013, the Defendant: (a) around 21:00, at the 516th public notice office of the above 516th public notice office, posted a string (Evidence 1) which was prepared in advance by putting a string, such as a newspaper site, on the tring lease, with a stringter (No. 1). However, the Defendant had a string on the wind that the general public notice board, who heard fire warning, sees fire warning and sees fire warning, she had a string on the wind that strings fire to the fire engine, and

Accordingly, the defendant was attempted to set fire to approximately 40 Gowons, who tried to burns the building owned by the victim used as a residence by the occupants.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the police officer G and E;

1. Records of seizure and list of seizure prepared by the police;

1. A certificate of medical records and a certificate of medical treatment and custody prepared by the director of the Seoul H Hospital and a notice of the results of mental appraisal;

1. Application of Raz photographs, on-site photographs, and CCTV-related Acts and subordinate statutes;

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

2. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;

3. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

4. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

5. Probation of the Criminal Act;

6. The reason for sentencing under Article 48(1)1 of the Criminal Act was that the Defendant had attempted to set fire to a public notice board where approximately 40 occupants reside. The fire prevention against a building where the same residents reside is the public safety.