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(영문) 광주지방법원 해남지원 2017.05.11 2017고단77
자기소유일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant provided his wife B with education to prevent his children from playing with a Handphone, the Defendant was dissatisfied with the failure of B to educate his children.

At around 18:30 on January 23, 2017, the Defendant: (a) exercised violence against B at the Defendant’s house located in Namnam-gun, Namnam-gun; (b) around 19:50 on the same day, at the Defendant’s warehouse located in D located in the vicinity of the Defendant’s house, the Defendant destroyed the thring, string, string, and display distribution, etc. of gasoline in the warehouse, which were in his possession of a string to the bottom, and caused public danger that could be destroyed to 7 boxes, warehouses, and neighboring houses, which are contained in gasoline in the surrounding area.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Two copies of CCTV images, related photographs, satellite photographs, and CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (verification of oil flow, etc. inside a warehouse);

1. Relevant Article 167 (2) and (1) of the Criminal Act and Articles 167 (2) and (1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation are as follows: (a) the Defendant spreaded gasoline in his/her warehouse with a large quantity of inflammable substances stored.

Considering the fact that a defendant's criminal act may cause enormous damage to the life and property of a person who is brupted, and that the defendant habitually exercised domestic violence while under the influence of alcohol and committed the crime of this case in the course of exercising domestic violence, the defendant shall be punished with strict punishment.

However, as the fire of this case did not lead to a large fire, it does not actually lead to the loss of human life or property to others, the defendant's mistake is against himself, and the family members of the defendant are against the defendant.

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