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(영문) 전주지방법원 2016.04.29 2016고합19

현주건조물방화치상등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 11, 2016, the Defendant was hospitalized in the “D Hospital” located in Geumcheon-gu Seoul at the time of the transfer of the value of the waste.

At around 02:30 on February 14, 2016, the Defendant smoked this tobacco from the victim E (n.e., 50 years of age) on duty at the two nurse rooms of the above D Hospital on the second floor of the D Hospital, the Defendant: (a) deducted the horse and tobacco from the Defendant; (b) taken the strings and documents inside the D Hospital; (c) taken the strings and documents inside the D Hospital; (d) taken the strings and documents on the floor; (b) taken the victim’s face into the floor; and (c) taken the victim’s face back under the strings; (d) taken the strings, face back to the part of the victim’s prine; and (d) taken the victim’s hringing back to the back of the strings, the Defendant sent it to the victim; and (d) posted it on the documents in the circumstances where there are seven patients, such as hospitalizations, F and G, and his guardian, etc.

The victim H, who was a doctor of D hospital, destroyed the property equivalent to 30 million won at the market price, such as a computer, fluter, air conditioner, wall, wall, ceiling, and housework on the 2th floor of the non-breadth, such as throwing a locker, fluor, fluor, fluor, and so on.

Accordingly, the Defendant, as such, inflicted injury on the victim E, such as the cage of the 1 cage cage cage cage cage lage, etc., which requires approximately 4 weeks of medical treatment, and destroyed the property worth KRW 30 million by the patient hospitalized in the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A fire accident investigation report (Attachment to fire-prevention field photographs);

1. Medical opinion (E), medical certificate (E);

1. Written estimate;

1. Application of the Acts and subordinate statutes to the victim of the violence, the photograph of the scene of the fire, and the photograph (A) of the scene of the fire;

1. Relevant legal provisions of the Criminal Act and Article 164(1) of the Criminal Act (the occupation of the present building and fire prevention, the abandonment of imprisonment), and Article 257(1) of the Criminal Act (the occupation of injury and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is based on the sentencing of Article 53 and 55(1)3.