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(영문) 수원지방법원 2014.10.24 2014고합542

현주건조물방화등

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

1. On September 13, 2014, the Defendant had to set a house for a second-story multi-household, which was composed of 10 households located in Da in the victims C, due to economic difficulties due to the death of his parent, while having not gone out of his mental shock. On September 13, 2014, the Defendant was in the position that the house should be built due to the expiration of the lease term.

피고인은 2014. 9. 10. 23:50경 화성시 D, 101호에서 이사를 가기 위해 짐을 정리하던 중 위와 같은 고민 끝에 화가 나 냄비가 놓여 있는 가스렌지에 불을 켠 뒤 작은 방에 있던 긴팔 옷을 가지고 와 불을 붙인 후 그 긴팔 옷을 작은 방 바닥에 놓여 있던 빨래 더미에 던져 빨래 더미와 작은 방 바닥 장판에 불이 번지게 하여 그곳 작은 방 등을 약 2,090만 원 상당의 수리비가 들게 하였다.

Accordingly, the Defendant appears to be a clerical error in the “G” written indictment.

A multi-household building owned by a victim who is used as a residence was destroyed.

2. On September 10, 2014, at around 23:50 on September 10, 2014, the Defendant driven a F Fappina car with approximately 8km section from the front of the foregoing multi-household house to the front of the Cheongsung City Park in the Cheongsung City, which is located in the Cheongsung City, in the direction of alcohol concentration of about 0.09%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the circumstances of the driving of the driver and a report on detection of the driver;

1. Application of Acts and subordinate statutes to photographs related to the scene of damage, copies of a lease contract, copy of a real estate lease contract, investigation report (subject matters of inspection direction), and investigation report (verification of repair cost, etc.);

1. Relevant Article 164(1) of the Criminal Act (the occupation of the current main building and fire prevention, the choice of limited imprisonment), and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.