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(영문) 수원지방법원 성남지원 2017.09.14 2017고합147

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a victim E who operates a restaurant on the first floor of a building located in Seongdong-gu, Sungnam-gu, Sungnam-si.

On June 8, 2017, the Defendant, at around 02:24, borrowed money from the above restaurant, was unable to repay the money to the victim and the telephone, and the Defendant, “I wish to fluorate gasoline to fluor off and fluorate gasoline to fluor,” while having a dispute with the victim by telephone, and continued the phone, and was in the toilet at the same place.

20 liters of gasoline size 20 liters, and the above restaurant building 1 and 2 stories of the above restaurant, which had gasoline roots on the floor of the above restaurant, were moved to the above restaurant building 1 and 2 stories of the victim F residing on the second floor by attaching a stringer with fire, and the whole right outer walls and air conditioners were moved to the side of the 1st basement and the 5th floor size above the ground and destroyed.

Accordingly, the defendant laid down the building that the victim F et al. uses as a residence and destroyed the building so that the total amount of 97,945,500 won of the market price can be repaired.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, F, E, and J;

1. Each statement of K, L, M, N,O, P, and Q;

1. A investigation report (a video recording photograph for crime prevention around the scene of a fire), investigation report (a CCTV analysis located in a Robed building that is located in a Drown Building where a fire has occurred), internal investigation report (CCTV verification), and internal investigation report (a CCTV analysis suitable for a fire scene);

1. Application of Acts and subordinate statutes to the report on the occurrence of a fire, investigation report, detailed statement of the processing of a case reported in 112, report on the results of identification at each site, report on the results of fire identification, report on the results of fire identification, records of fire identification, estimates, electronic equipment due to fire damage, and estimates of the type of equipment and devices at home due to fire damage, each damaged photograph, flood list, each estimate, and current status of total amount of damage;

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. The Defendant and his defense counsel’s assertions regarding Articles 53 and 55 subparag. 3 of the Criminal Act for mitigation of small amount (the following sentencing is favorable) and Article 55 subparag. 1 subparag. 3 of the Criminal Act.