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(영문) 전주지방법원 정읍지원 2019.06.26 2019고합17

일반물건방화등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Defendant

In addition, the applicant for medical treatment and custody (hereinafter referred to as the "defendant") was put a dog on the top of the sperm located in 19-1-gil 1, 201, which is managed by the U.S. office in the U.S. in the U.S. on March 7, 2019, in the state that the applicant for medical treatment and custody (hereinafter referred to as the "defendant") was with the third degree disability of mental retardation and lacks the ability to discern things or make decisions.

At the time, the weather was clear and there was a building of sperm and strings on the side of the said tamped field, so there was a duty of care to avoid fire and to extinguish or monitor fire so that fire does not spread.

Nevertheless, the Defendant posted a fire to the lower part of the building at the barball site that was adjacent to the Defendant, and destroyed the building at the barball site by putting the fire to the lower part of the building at the barball site, around 11:33 on the same day.

As a result, the defendant burns other things owned by others, causing public danger, and at the same time, the prosecutor of the Jung-Eup-si stated in the indictment that the barball is owned by the office outside the mountain area. However, according to the general building ledger (5 pages of investigation records), it can be recognized that it is owned by the regular Eup/Myeon, and even if it is corrected without the amendment procedures, it is judged that there is no impediment to guaranteeing the defendant's defense.

The market price was 138,900,000 won and was destroyed by fire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (to attach a video CD or a written estimate for damage, and to verify weather at the time of the instant case);

1. On-site photographs;

1. Application of Acts and subordinate statutes to certificates, medical certificates, and opinions of persons with disabilities;

1. Article 167 (1) of the Criminal Act (the occupation of general goods and fire prevention), Articles 170 (1) and 166 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a crime of Setting fire against a general article heavier than the punishment);

1. Article 10(2) of the Criminal Act for statutory mitigation;