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(영문) 청주지방법원 2021.02.05 2020고합171
현주건조물방화
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has a relationship with B.

On October 16:00 of October 2020, the Defendant continued to hedging from “D main points (hereinafter “instant main points”) operated by B in the petition-gu C and the second floor at the Cheongju-si, Cheongju-si, 2020.”

The term “the instant fire” refers to a structure that B is used as a residence and destroyed the repair cost of KRW 5,952,000 by setting fire to the structure used as a residence, and setting fire to the entire main point of the instant building by attaching the fire to the fire by an insular method, using the oil reservoir under the custody of the indoor cremation room (hereinafter “the instant fire”). As such, the Defendant destroyed the fire of KRW 5,952,000 by setting fire to the structure used as a residence.

Summary of Evidence

1. On-site photographs of each police's statement concerning B, on-site identification reports, fire site investigation reports, investigation records on fire site investigation records, and notification statement of reported case 112 response to requests for appraisal of the accused mentioned in some of the police investigation records concerning the accused mentioned in the suspect interrogation records of the prosecution against witness B or E, which are written in part of the suspect interrogation records of the prosecution;

1. Application of statutes to each investigation report on the contents of the Kakao Stockholm conversation between the victim and witness A (to listen to the statement of a fire officer, listen to the police phone statement in charge of identification at the scene of a fire, listen to B telephone statement) respectively (to CCTV in the process of photographing the entrance door of the damaged place, and to the City/Do to purchase the gas oil of the witness A);

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for conviction under Article 62(1) of the Criminal Act (the following grounds for sentencing) and the gist of the assertion by the defendant and his/her defense counsel;

A. The fire of this case is highly likely to extinguish nature or fire caused by cigarette butts.

B. The Defendant had no memory at all at the time of the instant fire.

The Defendant, immediately before the instant case, did so.

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