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(영문) 서울북부지방법원 2014.04.18 2013고합364

현주건조물방화

Text

A defendant shall be punished by imprisonment for nine 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

The Defendant, since served in the Yellow Sea in 2002, lacks the ability or decision-making ability to discern things from things due to external stress disorder that was cured and the symptoms of alcohol aggravated thereafter. On November 19, 2013, around 04:45, the Defendant, while under the influence of alcohol, put a small amount of window lying towards the corridor by attaching it on the front page of the advertisement located in the apartment corridor, which was located in the apartment corridor, with the Defendant’s mother D (V, 67 years old) and wraped from the residential corridor of the Defendant in Seoul Special Metropolitan City, Nowon-gu on November 19, 2013.

Accordingly, the Defendant destroyed the said C Apartment 1101 Dong 406, which is used as a residence together with her mother.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement of D and E;

1. Notification of the result of mental appraisal by the director of the medical treatment and custody office;

1. On-site photographs;

1. Application of seizure records and photographs and Acts and subordinate statutes;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (Additional Consideration for the same circumstances);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for confiscation [decision of type] general criteria, fire prevention such as suspender buildings, etc., fire prevention (type 1), and fire prevention (type 1), such as public structures, etc. [non-consceptor] mental health (non-consceptor), mental health (non-consceptor) [Scope of recommending punishment] from 9 months to 3 years (special mitigation) of imprisonment (whether suspended sentence is subject to suspended sentence]: Insceptist (esteem) - Reasons for general participation: alcohol addiction (unlawful) and there is no criminal conviction above suspended sentence;