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(영문) 창원지방법원 거창지원 2016.06.09 2016고합9
현주건조물방화
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 13:00 on Jan. 6, 2016, the Defendant thought that he would wish to kill himself from the residence of the victim D located in Gyeongcheon-gun, Nancheon-gun, Nancheon-gun on Jan. 6, 2016, he opened a boiler oil lid in his toilet and stored oil lids, and then put them into the pipe cover with a one-time pen that she she she was in possession of a sheshesheshesheet, and continued to put them into the pipe cover, and put it back on the pipe cover, and added it to the beer, and made it possible for the damaged person to use the building as the residence, so that the damaged part of the building was 2,396,90 won and 90 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E and D;

1. Application of each of the Acts and subordinate statutes stated in the investigation report (as to the suspect's mental history, physical disease, and doctor's opinion), investigation report (on-site situation, request for appraisal of recovered objects, etc.), investigation report (as to the results of request for appraisal);

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Articles 10(2) and 55(1)3 of the Criminal Act that statutory mitigation has been provided for long-term hospitalization from March 30, 2015 to October 26, 2015, including that the Defendant was hospitalized in F Hospital from March 2005 to May 201. On January 6, 2016, the date of the instant crime was re-hospitalized in the instant hospital, and was hospitalized in the instant hospital to the present day, and at the time of the instant crime, inasmuch as it is determined that the Defendant had committed a crime under a lack of ability to discern things or make decisions due to mental fissionation at the time of the instant crime, and thus, physical and mental weakness mitigation should be mitigated).

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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