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(영문) 인천지방법원 2014.05.28 2014고합131
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to a two-year suspended sentence to imprisonment with prison labor for the purpose of destroying the structure of the present owner and the fire in the branch court of Suwon District Court on July 19, 2012, and the judgment became final and conclusive on the 27th of the same month, and the same criminal records are two times

The defendant suffered from alcohol addiction for about 10 years, and was hospitalized on January 29, 2014 in the E Hospital Closure Dong, Seo-gu Incheon Metropolitan City for the treatment by January 29, 2014, which was recently discharged, the defendant's family members were dissatisfied with the defendant's complaint. On February 16, 2014, around 15:50, at the defendant's house located in the Nam-gu, Incheon Metropolitan City Fura 101, the defendant attached a fire to the 41.37 square meters of the above house by attaching it to the whole 41.37 square meters of the furg, which was possessed at the defendant's house located in the small bank.

Ultimately, the Defendant destroyed the Defendant’s mother’s house of KRW 10,588,00 at the market price owned by the Defendant, which is used by four family members, including G, etc. as a residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I and J;

1. Each investigation report, report on determination of the cause of a fire, report on the status of a fire, on-site inspection report, and on-site investigation report;

1. Determination on the Defendant’s and defense counsel’s assertion on each fire site photo

1. The Defendant asserts that, although he was under the influence of alcohol at the time of the instant case, he did not provoking the fire, he did not intentionally prevent the fire, and that he was guilty, he received a mental therapy from August 2013 to January 29, 2014, and that he was in a state of mental disorder at the time of the instant case, and thus, he was in a state of mental disorder.

2. Determination

A. Determination of the assertion on fire prevention and intent to prevent fire in this case was not found at the scene of the crime in this case, and there was no direct evidence to specify the cause of the fire in this case, and the Incheon Southern-dong Fire Center.

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