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(영문) 대구지방법원 2018.12.21 2018고합510
일반건조물방화
Text

A defendant shall be punished by imprisonment for four years.

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten years of imprisonment with prison labor for murder, the present state building, or fire prevention at the Daegu High Court on October 26, 2006, and the execution of the sentence is terminated at the Child Training Institution on January 6, 2018. On March 26, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for interference with the execution of official duties in the Seoggu District Court Branch Branch, which was sentenced to imprisonment with prison labor for the same year.

9. 19. The execution of the sentence was terminated in the Port Correctional Institution.

[2] The Defendant brought a divorce lawsuit against B, a former wife, during his/her custody in the prison. On November 3, 2018, the Defendant found his/her residence in B, “Tgu Suwon-gu D, 43 square meters (43 square meters)” owned by the victim C, a resident registration address in B, which was his/her resident registration, but the said house was merely a waste where B had caused a false move-in report to avoid the Defendant, and the Defendant considered that there was an further name for the advertisement of the agent driving company that B works in the said house, and considered that the above waste was hot to B.

Therefore, around 03:35 on the same day, the Defendant: (a) voluntarily entered the waste log D, 1st floor (43 square meters), and 13-liters between gasoline 13-liters in preparation in the inner room; (b) attached the waste of the victim C with the container, thereby causing the waste to spread to the entire area; (c) destroyed the entire area of the waste of the market price owned by the victim C; and (d) continuously moved the fire to the outer wall of the same Gu FIA building (17,161,000 won) owned by the victim E in neighboring areas; and (e) destroyed part of the outer wall so that the repair cost is approximately KRW 17,161,000.

Accordingly, the Defendant destroyed the structure owned by others by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to G, H, E, I, and J;

1. A protocol of seizure and a list of seizure;

1. Reports on the occurrence of a fire incident, reports on the results of field identification, site photographs, records of recording by the reporting person in 119, voice files of the reporting person, photographs files, and photographs of seized articles;

1. A report on internal investigation (in relation to the initial reporting person, the person suspected of being reported;

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