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(영문) 부산지방법원 2015.10.30 2015고합500

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for two years.

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

1. The Defendant, who was injured, was dissatisfied with the Defendant’s neglect of her wife, for about 15 years, that the Victim C (n, 63 years of age) committed a funeral and did not properly know the amount of money while running a funeral, and that he did not have enough enough enough time to do so.

At around 01:30 on March 21, 2015, the Defendant, at the office of the Defendant located in Seo-gu, Busan, Seo-gu, Busan, and the second floor, “A person who opened a passbook, who was under the predembing of marriage with his/her father, or who was in futile,” and her face with his/her hand when the victim faces the victim’s face with his/her hand, and the victim, who walked with his/her her son and her son, was damaged by a detailed 14 days of medical treatment, the following parts, and the shot part.

2. On March 21, 2015, the Defendant: (a) around 05:50 on March 21, 2015, the Defendant was aware of the victim’s complaint; (b) the Defendant and the victim, in front of the dwelling space in the place under paragraph (1) where the Defendant and the victim used as a dwelling, destroyed the said newspaper by attaching a fire to the above newspaper, etc. by using a disposable tool, etc.; (c) the Defendant left smells in the room; and (d) cut away from the room, only only the small door door and the lower part of the visiting door and the lower part of the visiting part of the water that the victim sawd in the bath, and did not move to the entire dwelling building.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the accused by the prosecution (including part concerning the third examination of the suspect);

1. Statement of each police statement concerning C and statement of supplement to C;

1. Application of Acts and subordinate statutes to on-site photographs, written diagnosis of injury, each photograph, each investigation report (Evidence Nos. 1, 8)

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act (the fact that the building or the attempted crime is committed, the choice of limited imprisonment), and 257 (1) of the Criminal Act (the occupation of injury and the choice of imprisonment) of the choice of punishment for the crime;

1. The crime of attempted mitigation shall be the current owner's building or attempted crime of arson as stated in Articles 25(2) and 55(1)3 of the Criminal Act.