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(영문) 서울동부지방법원 2014.05.14 2014고합25

현존건조물방화치상

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

except that 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

The Defendant resided in Songpa-gu Seoul, Songpa-gu, Seoul, in 302.

On December 28, 2013, the Defendant: (a) around 09:40 on December 28, 2013, in the state that the Defendant lacks the ability to discern things or make decisions by means of depression caused by miscarriage; (b) around 09:40 on December 28, 2013, he accumulated bits from his house inside his house, and attached the bits with the bitter, and had it spread to the entire head of 302 square meters, the size of which is 26.29 square meters.

Accordingly, the Defendant: (a) most of the above 302 units E owned by the Defendant and her husband D2, and caused the above 12 units of household and public corridor, which were used by the Defendant and her husband D, to the extent that the repair cost of KRW 78,60,000,00,000, as stated in the list of crimes, were destroyed to the extent that the repair cost of KRW 78,000,00,00 was exceeded; (b) thereby, the Defendant suffered an inhaled damage in need of approximately 2-day medical treatment to the victim G (hereinafter 30 years of age) living in the same 303 unit; and (c) the victim G (11 month) suffering from approximately 501-day medical treatment for about 3 days.

Accordingly, the defendant was injured by two victims by using people as a residence or by setting fire to a building in which people exist.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Each police statement of D, I, J, K, L, M, N,O, and E;

1. Each statement of P, Q, R, S, and T;

1. Application of the Acts and subordinate statutes to each criminal's place, report on occurrence (fire), field identification report, photobook recording at the settlement site, each investigation report (a certified copy of a register, attachment of a pre-tax contract, current status of damaged houses, current status of damage by household, and current status of damage by household), estimate,

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and the proviso of Article 164 (2) and Article 164 (1) of the Criminal Act selecting a penalty;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).