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(영문) 청주지방법원 2014.06.19 2013고합265
현주건조물방화
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

The defendant is a person who leases the fourth floor of the building C in the Chungcheongbuk-gun to the victim D who is the owner of the building and lives together with his/her wife and his/her father.

On February 15, 2013, at around 15:10 on September 23, 2013, the Defendant: (a) had his wife, her wife, and her house, and (b) had his wife, her house, and had the gasoline dusted in the stairs of the fifth floor of the above building in order from the inner bank to the ward, the entrance, etc., of the fifth floor of the building; and (c) had the string of gasoline in order from the inner bank to the entrance, etc., with the string of the string and the 165 square meters of the total floor area of the 4th floor of the slab building through the string wall and the ceiling.

Accordingly, the defendant, who is used by his wife E and his wife as a residence, destroyed all the 4 floors of the building equivalent to 98 million won at the market price of D owned by his wife E and his wife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a copy of real estate lease agreement;

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

1. The act of running away from a building in which a person for reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation resides in as well as property, which causes a considerable risk to human life and body, and thus, a very strict punishment is needed. The Defendant, who transferred to her wife and her wife to her husband and her wife to her husband and her wife, caused gasoline to her 4th floor of the instant building owned by the victim D, where her wife and her wife are used as her residence, and destroyed the entire 4th floor of the instant building. There is no factor to consider the motive for the crime. There is no fact that the motive for the crime was committed by using gasoline, and the Defendant’s wife and her dependent were in the situation of leaving the instant building, but the Defendant’s wife and her wife were living in addition to the Defendant’s family (Evidence No. 41 of the evidence record).

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