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(영문) 대구지방법원 서부지원 2014.01.16 2013고합197
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On September 22, 2013, the Defendant of "2013 Gohap197" is exempt from his/her new age in the house of the Defendant of the second floor of ordinary house in Daegu-gu, Daegu-gu, on September 22, 2013.

In addition, the building was 20 square meters from the floor of the living room by putting the string to the floor of the living room. In other words, the building was 20 square meters in total floor area inside the 2nd floor inside the concrete roof of the non-breadth brick structure and the building was 20 square meters in total.

Accordingly, the defendant and two parents of himself and the defendant were destroyed by setting fire to be equivalent to KRW 7,340,000 for the internal repair cost of the second floor of the above house, which is owned by the defendant.

around 04:31 on October 5, 2013, the Defendant discovered PVC pipelines installed horizontally on the top of the 1st floor F of the building owned by E in Daegu-gu, Seo-gu, and attached the said pipes to a disposable-ro gate, which was in possession of the laver and was in possession of the laver, and caused the said building and the said G owner, who was parked adjacent to the said laver, to move to the said laver, H1 ton cargo vehicles and the JAz car.

As a result, the Defendant destroyed the first floor entrance of the above building, which is owned by K, G, and L, to be equivalent to KRW 8,849,00,00, the repair cost of the above vehicle, which is equivalent to KRW 2,461,40,00.

Summary of Evidence

"2013 Gohap197"

1. Defendant's legal statement;

1. The police statement of M;

1. Protocol of inspection;

1. Fire reports and investigation reports "2013, 228";

1. Defendant's legal statement;

1. Each police officer's statement of K, N, M, or L;

1. Reporting on the occurrence of fire accidents, investigation reports, and application of the Acts and subordinate statutes reporting internal accidents;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 164 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment prescribed for the crime of fire-fighting on October 5, 2013, heavier punishment) among concurrent crimes;

1. The Criminal Act, the suspension of execution;

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