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(영문) 수원지방법원 안양지원 2020.05.08 2020고합18
현주건조물방화등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. In a state where the Defendant was unable to discern things or make decisions due to editing and porting illness, the Defendant: (a) expressed, around November 11, 2019, the victim’s legitimate taxi business operation was obstructed by force for about 25 minutes, such as continuing refusal of demand by the victim, even though he/she received demand from the victim to change things or make decisions; (b) on November 11, 2019, he/she was on board a taxi operated by the victim C (the age of 61) in front of the Manan-gu B apartment in the Manan-gu, Mayang-gu; and (c) without any justifiable reason, he/she took care of the victim’s destination.

2. In the state that the Defendant, on January 6, 2020, was unable to discern things or make decisions due to editing and porting diseases, the Defendant laid down a paper, such as a book, etc., on the gas rail in his/her dwelling area located in Manan-gu B apartment D in Manan-gu, Mayang-gu, Annyang-si, Annyang-si, on January 6, 2020, caused gas fire to spread to the ceiling of the living room through the wall, ceiling, etc. of the non-breadth bank with fire attached thereto.

Accordingly, the defendant destroyed one of the above D apartment units that the defendant and the defendant's husband reside.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of CD(s) and on-site photograph-related Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 164 (1) of the Criminal Act (the point of the present main building and fire prevention, and the choice of limited

1. Statutory mitigation of mental and physical disability under Articles 10(2) and 55(1)3 of the Criminal Act: According to the records of this case, the Defendant suffered from editingly fluordial diseases for a long time, and showed symptoms such as the damage network, exchange administration, and exchange situation; the fact that the injury of the Defendant was worse due to aggravation of economic circumstances at the time of the instant crime; the Defendant was unable to receive appropriate medical treatment due to aggravation of economic situation; and the sound that was unknown at the time of the instant crime; and the Defendant did not properly communicate.

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