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(영문) 서울북부지방법원 2019.07.26 2019고합158
일반자동차방화
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

While the Defendant, due to mental illness such as tidal illness, etc., has lost the ability to discern things or make decisions, on March 3, 2019, at around B B in Jung-gu Seoul Metropolitan Government, the Defendant: (a) destroyed the said truck by setting fire to the back part of the truck loaded on the instant truck without any justifiable reason; (b) destroyed the said truck to cover KRW 1,763,753, and then destroyed the product for living, such as a mistake owned by the victim, which is not known about the market price in loading the said truck.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, and C;

1. The application of Acts and subordinate statutes to a report on the occurrence of a fire, each investigation report (including a report on the field identification and attaching a photo, a fingerprinting, a response to a fingerprinting document, a list of transaction records of household goods loaded in loading, a fire site investigation report, a fire site investigation report (in comparison and analysis by field CCTV time), a field identification report and on-site photo, CCTV-shielding records and photographs, CCTV-shield screen, on-site identification records, a written request for reports on field identification and appraisal, photographs, written confirmation of a fire site investigation report, and a fire site investigation report;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. In full view of Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness and mental illness [the crime of this case is deemed to have committed the crime of this case under the condition that the defendant has a weak ability to discern things or make decisions due to mental illness, such as the mental illness, etc., and lacks the ability to discern things or make decisions, considering the following factors: (a) the background of the crime of this case, the behavior of the defendant before and after the crime, the treatment of the defendant, the attitude or content of the defendant, etc., by adding the evidence duly adopted and examined by this court to the documents related to emergency hospitalization; (b) the defendant committed

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;

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