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(영문) 광주지방법원 2019.03.22 2019고합41

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

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

On January 21, 2019, at around 00:15, the Defendant: around 00:15, the victim C operated in the △△ branch operated by the victim C on the 1st underground floor in Gwangju Northern-gu B and the △△ branch operated by the victim C, with a little of what the victim did not receive as a customer on the ground that he was under the influence of alcohol, and let the victim l

At around 00:22 on the same day, the Defendant: (a) attached a stringer who was in possession of a single-use log in front of the foregoing △△ branch; (b) laid off the stringer in a standing signboard in front of the △△ branch; and (c) laid off the stringer; (d) laid off the stringer in the standing signboard in front of the △△ branch; and (e) laid down the stringer; and (e) laid down the stringer, such as the entrance, the wall, and the ceiling.

Accordingly, the defendant and three customers are present in the first floor singing underground, and the defendant destroyed the building that is used as a residence such as D from the third floor of the building to the amount of 17,532,000 won as repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a report on internal investigation, a report on investigation into the form of the case site, a report on field identification, a report on investigation (Analysis of data onCCTV image analysis), a report on investigation (a photograph and CD attachment) (a photograph and CD attachment to the image taken by shot D), and a report on investigation (Attachment to a estimate for damage);

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

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 (The following consideration shall be made again for the reason of sentencing);

1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order

1. Summary of the assertion

A. While the Defendant put a singing room, the Defendant did not commit an attempted crime because the wall, entrance, etc. of a building was merely singing down, but did not reach a state of burning.

B. The Defendant was under the influence of alcohol at the time of committing the crime, and was in a state of mental disability.

2. Determination: