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(영문) 의정부지방법원고양지원 2020.09.15 2020고합164

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:27 on February 11, 2020, the Defendant: (a) had weak ability to discern things or make decisions due to stimulative disorder, and (b) had a stimulative disorder, and (c) had a stimultive disorder and a stimulative disorder, and had a stimultive disorder spread to the above balcony by inserting the stimulic length by inserting the stimulities by inserting the stimuls of the abnormal and the stimulateds, which were stored therein, on the ground that her husband does not have a divorce, in the balcony of the Defendant’s residence, in Goyangyang-gu Bukyang-gu BGC C, Goyang-gu, Goyangyang-gu, Goyang-si, and the husband does not have a divorce.

Accordingly, the defendant set fire to and burns the buildings used by all 8 households such as the defendant, etc. for residential purposes.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. On-site identification reports of E and reports on analysis of digital evidence;

1. Protocol of seizure, list of seizure, photographic records of seized articles (Evidence Nos. 9, 10, 25, 31) and each general medical certificate, each medical opinion, and written confirmation of hospitalization;

1. Application of Acts and subordinate statutes on site photographs of each case

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. In full view of the following: (a) Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury (see, e.g., the circumstances leading up to the instant crime; (b) the Defendant’s act before and after the instant crime; (c) the Defendant’s attitude or content before and after the instant crime; (d) the Defendant’s act deemed to appear in this court; and (c) the Defendant’s mental health and treatment records, etc., at the time of the instant crime; and (d) Articles 10(2) and 55(1)3,

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and medical treatment order under Article 62-2 of the Criminal Act;