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Reasons
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(영문) 서울북부지방법원 2014.06.30 2014고합67
현주건조물방화치상
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A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On March 9, 2014, at around 22:35, the Defendant: (a) was a person who resides in the “F Publication Board” 312 operated by the victim E in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) was informed of his wife, who is suffering from economic poverty, etc. on the ground that the said victim E and her husband were fluordial by her husband; and (c) was fluored by the Defendant’s wife, who was living in the state of drinking alcohol at around 32:35 on March 9, 2014; and (d) attached a fire to one copy of the “F Publication Board” newspaper of the rice market located in the shopping bag, thereby making it more than 312 of the said fluor.

As a result, the Defendant moved 312 and 311 and 313 of the above Notification Board, which had been in existence by the victim G and the victim H, etc., and destroyed the damage equivalent to KRW 78,210,919 ( KRW 18,477,235 of the building damages, KRW 45,381,868 of the facility damages, KRW 14,351,81,816 of the house damages) to the victim I (year 71) who had been living in 333 of the Notification Board, and suffered about KRW 33 weeks of the inhaled video, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of examination of the accused by the prosecution;

1. Statement of the police officer to E, J, G, and I;

1. Each investigation report and each fire occurrence report;

1. Medical opinion, and medical certificate;

1. Results of inquiry and reply to Samsung Fire and Marine Insurance Co., Ltd.;

1. Application of Acts and subordinate statutes to a fire site photograph, on-site inspection photograph, and a copy of the resident list;

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. Determination on the assertion of the Defendant and the defense counsel under Articles 52(1) and 55(1)3 of the Criminal Act for mitigation of self-denunciation

1. Summary of the assertion

A. The instant damages are excessive compared to actual damages.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

2. Determination

A. The record reveals the victim E.

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