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(영문) 서울중앙지방법원 2018.02.01 2017고합1003
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 becomes final and conclusive.

Reasons

Punishment of the crime

From around 2006, the Defendant was receiving medical treatment at a hospital due to “Seo-gu,” etc., and his mother was living together with D in Gangnam-gu Seoul Metropolitan Government C lending 103.

Around September 10, 2017, the Defendant: (a) had weak capacity to discern things or make decisions due to the foregoing tide, etc.; (b) had a fire on the pelle, which was located on the main bank by using a computer in the view that any part of the pelle, in the course of entering the Internet by using a computer on September 14:17, 2017, is hacking; (c) had a fire on the pelle, which was located on the main bank by using a gas park in the main bank; and (d) had the pelle, which was moved to the inner bank by being moved to the inner bank and moved to the inner bank, had it spread to the entire inner bank through a wall and a tent.

Accordingly, the Defendant: (a) destroyed the victim E and the victim F’s 103 of the above Ba 103,00 won in repair cost; (b) suffered injury to the victim G (V, 33 years of age) residing in the above Ba 201, such as images, etc. of the other parts of the Ba 2-day medical treatment; and (c) injury to the victim H (V, 70 days of age) residing in the above Ba 302 of the above Ba Ba 302 of the number of days of medical treatment by other gas and volatile substances, the number of days of which cannot be known to the victim E and the victim F’s Ba 103 of the above Ba Ba 201.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to I and G;

1. Each investigation report (Evidence list 6,8,9,10,15,17,18,21,23,24);

1. Responses and fire site investigation reports, and emergency medical services activities;

1. Partial descriptions of a medical certificate (H) and a copy of a medical record (H, I);

1. A mental appraisal report;

1. Application of statutes on site photographs;

1. Article 164 (2) (main sentence) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment imposed on the death or injury resulting from fire to the present building against the victim G with a heavier criminal situation);

1. Selection of penalty;

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