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(영문) 의정부지방법원 고양지원 2017.07.20 2017고단523
일반물건방화
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who has a lack of ability to discern things or make decisions due to his or her early illness.

Defendant, while residing in No. 101 of Seoyang-gu, Seoyang-gu, Seoyang-gu, Cown-gu, in order to cause damage to neighbors living in the same Ba due to the disorder of division and fear of fear, was fright at the entrance of the above Ba, where the Defendant was living in the house of the Defendant, with the awareness of the damage that neighbors living in the same Ba infringed on the Defendant’s house without permission, and was frighted to the residents living in the above Ba-gu, including D with the resident residing in 201.

On February 18, 2017, at around 17:30 on the defendant's house, the defendant carried oil and strings with heating oil, which were kept by the defendant's house, as a suspender, placed them on the suspender's floor, and strings which were located in the place, and strings on the above.

Accordingly, the defendant laid down the front door, which is a general object, and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. A seizure list;

1. Application of Acts and subordinate statutes to report internal investigation (on-site inspection and field photographs), and report internal investigation (exploitable photographs);

1. Article 167 (2) of the Criminal Act applicable to the relevant criminal facts and Article 167 of the choice of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

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

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated [Article 48 (1) 1 of the Criminal Act to be confiscated shall not be confiscated, since it is deemed that no evidence No. 1 is already discarded and existing];

The necessity of the medical treatment order and the crime of this case on the grounds of sentencing is that the Defendant spreads the right to the front door from the front door of the above Bara where the Defendant was living. As such, there may be enormous damages to the life and property of the people, and thus, the Defendant should be strictly punished.

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