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(영문) 인천지방법원 2014.07.23 2014고합105
현주건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around January 9, 2014, when the defendant lacks the ability to discern things or make decisions due to depressions, etc., the defendant sent the above building to the whole of the above building by attaching fire to the neutron which was prepared in advance using the neutron who had been prepared in mind of suicide at the time of the suicide at the lower time, around January 15:25, 2014, when the defendant's ability to discern things or make decisions, around January 9, 2014.

Accordingly, the Defendant destroyed all of 37.7 square meters of a wooden flag and a pent roof with which the market price owned by the Defendant and the victim, etc. are unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Fire scene photographs and photographs;

1. To apply a copy of consultation and treatment records, investigation report (report on confirmation of hospitalization of a suspect mental hospital), and statutes certifying financial resources of the defendant;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to September, up to seven years;

2. Scope of recommendations according to the sentencing criteria (decision of types), fire prevention, general standards, type 1 (Setting fire, such as porting main buildings, etc., and setting fire to public structures, etc.) [Special Convicted Persons] mitigation elements: Self-denunciation, violation of punishment (decision on the recommended area, scope of recommending punishment), mitigation area of punishment, 9-3 years (limited to at least two special mitigations), imprisonment for a period of 9-3 years (the lowest limit of the sentencing range shall be mitigated by 1/2);

3. The crime of this case, which is determined to be sentenced, was destroyed by a fire with the mother of the defendant, in light of the method of the crime and the risk of the result thereof;

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