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(영문) 부산지방법원 2013.04.12 2012고합1263
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, who is living together with the victim C(59 years of age) and female problems, will leave the defendant's house from the victim around September 18, 2012 until September 25, 2012.

After receipt of a letter, "" remains in Gohap-gun D, Chungcheongnam-gun from September 23, 2012, and entered the defendant's office around September 27, 2012.

At around 04:50 on September 27, 2012, the Defendant: (a) reported the Defendant’s house located in Busan Shodong-gu, Busan, to see why the victim was locked without leaving the house; and (b) sought from the victim that “I will not leave the house as soon as possible”; (c) however, the Defendant heard the victim’s phrase “I will leave the house immediately,” and citing a tick with gasoline which was kept in a marina, and she tried to turn the gasoline into the victim’s face, and then she saw the gasoline into the victim’s face. However, the victim was deprived of the said twit.

Since then, the defendant reported the victim's face to be a cleaning agent, and added a fire to gasoline, which was scattered on the floor of the living room, and destroyed the part of the 1st floor of the above house by burning it to the whole inside the stud of the stud, and caused the victim to have the victim spread on the bridge, etc. of the victim who caused the string of the studio, and caused the victim to suffer injury, such as a string and 3-month image, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the suspect examination protocol of the accused by the prosecution (second time);

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes (Evidence No. 62 pages);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and the proviso of Article 164 (2) and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 of the Criminal Act:

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