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(영문) 부산지방법원 동부지원 2014.11.14 2014고합200
일반자동차방화미수등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 02:00 on July 28, 2014, the Defendant: (a) destroyed a fire by setting fire to the public by using a disposable dog that was possessed on the grounds that it was difficult for residents to live and live in front of Busan Suwon-gu C, and by setting fire to the waste stuff and the abolition set up by residents.

2. On July 28, 2014, at around 02:19, the Defendant, who attempted to commit a fire, put a fire to a bend-down box, which was loaded on a disposable truck owned by the victim E, for the same reason as that set forth in paragraph (1), and the truck loaded on the truck by using strawers and strings. However, the Defendant failed to bring the fire to a bend-down box and failed to commit a crime on the wind that was loaded on the ground that the fire attached to the bend-down box was not moved to the above truck.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Spatial photographs and On-siteCCTV images;

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder while drunk at the time of committing the instant crime.

In light of all the circumstances revealed in the records, such as the method and method of each of the crimes of this case, and the defendant's speech and behavior before and after each of the crimes of this case, it is recognized that the defendant was aware of the fact that he had a little drinking at the time of each of the crimes of this case, but it is not deemed that there was a loss or lack of ability to discern things or make decisions, and thus, the above assertion is not acceptable.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 174 and 166 of the Criminal Act concerning the selection of criminal facts;

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