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(영문) 창원지방법원 거창지원 2018.11.08 2017고합29

현주건조물방화

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2017, at around 07:50 on November 24, 2017, the Defendant: (a) in the victim D’s residence located in Chungcheongnam-gun, Chungcheongnam-gun; (b) in the state of having the ability to discern things or make decisions due to mental illness; (c) in the state of having weak capacity to discern things or make decisions due to mental illness, the Defendant said that the victim, who is the mother of the Defendant, was the Defendant

I think, I think of this, and attached the dials, clothes, etc., which he had been holding, to the entire building, such as the flag and roof, through the wall with which the dials were built.

Accordingly, the defendant destroyed the above building that the damaged person uses as a residential place to be a non-repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on investigation (to attach a report on the site photographs and results of identification);

1. Application of the statutes on the list of seizure;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended sentence according to the sentencing guidelines [type of determination] shall be limited to the range of the recommended sentence [the scope of the punishment [the scope of the recommended sentence] according to the sentencing guidelines, and the general criteria for fire prevention (the prevention of fire, such as the present main building, etc., and public structures, etc.) [the elements for mitigation of punishment]. The mental and physical weakness (no one shall be responsible for the principal) and the area of the punishment not [the scope of the recommended sentence]

3. Elements of sentencing that are disadvantageous to the determination of sentence: Fire-fighting against the present main structure may cause serious damage to the lives and property of a large number of people, and thus, the liability for the crime is grave: The defendant's mistake is contrary to the recognition of his/her mistake, the defendant has no previous conviction except the punishment of a fine of KRW 1.5 million in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 97, and the defendant has suffered for a long time.