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(영문) 서울남부지방법원 2017.06.08 2016고합331
현주건조물방화치상
Text

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

Reasons

Punishment of the crime

around 14:39 May 6, 2015, the Defendant, at the 1st floor parking lot of Yangcheon-gu Seoul Metropolitan Government apartment complex C, containing 2L’s 125c Mazate, which was the Defendant’s possession of the Defendant, and whose usual storage was made on the Austria.

The facts charged at around 14:44 on the same day as the defendant's house of 107, 305, the above apartment house of 107, 305, are stated in the facts charged at around 14:55, but such facts are recognized in light of the evidence in the judgment.

The gasoline in the university, which was pired on the small bank floor, destroyed the whole of the house by putting the gasoline in a ceiling, wall, etc. with a string with a fire.

As a result, the Defendant destroyed the market value of KRW 60 million, such as household appliances, which were located in the house, and the Defendant suffered 2-Do images in the treatment days, 2-Do images in the treatment days, and 304 in E (V, 78 years old) residing in the same apartment site, and suffered injury such as the intake of harmful gas in the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness F (excluding the parts written in D)

1. Partial statement of witness G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. Partial statements made by the police in relation to D;

1. On-site reports on the results of meals;

1. On-site photographs;

1. Copies of medical records; and

1. A medical certificate;

1. A fire site survey report (excluding the parts written in D).

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of CCTV data at fire site);

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 (a punishment against a person who has committed a crime causing bodily injury or injury resulting from a fire to the present building against a victim D with a heavier punishment);

1. Selection of alternative abandonment of punishment;

1. A summary of the argument that the Defendant and his defense counsel’s assertion regarding the small amount mitigation under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter the following grounds for sentencing) and Article 55 subparag. 1 subparag. 3 of the Criminal Act were asserted, there was no fact that the Defendant rootss gasoline on the small floor and added a rater to the small floor

Judgment

this Court.

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