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(영문) 대구지방법원 2018.11.30 2018고합458
현주건조물방화
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At the time of committing the following crimes, the Defendant had mental illness such as dementia caused by alcohol dependence, alcohol, anti-social personality disorder, etc., and had weak ability to discern things or make decisions due to shock disorder caused by excessive drinking.

On October 6, 2014, the Defendant: (a) around 22:00, around Busan Metropolitan City Maritime Co., Ltd., and (b) had, without any particular reason, moved the body of clothes under below the lower part of the body of clothes under the influence of alcohol into a tent, wall, furniture, etc. while drinking alcohol together with the victim D in the dwelling of the victim D located in Busan Metropolitan City, Busan Metropolitan City Maritime City, the Defendant, without any special reasons.

Accordingly, the defendant set fire to set fire to ensure that the dwelling space in which people exist is worth KRW 1,710,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A comprehensive report on the occurrence of a fire and on the occurrence of a fire;

1. The point of view: The application of a written opinion, an investigation report (in addition to a medical certificate, etc., confirmation of whether a suspect is hospitalized, hearing of the doctor's statement by the doctor in charge), and statutes;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of recommended punishment according to the sentencing guidelines [the types of punishment [the determination of types] and the general standards for fire-fighting crimes (Setting fire-fighting, etc.) types 1 (Specially mitigated) [the elements for mitigation]: mental and physical weakness (no person in charge of himself/herself), and non-exclusive areas of punishment [ the scope of recommended punishment]: Imprisonment with labor for a period from September to three years;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspension of execution, the defendant, without any particular reason, resides with the victim while drinking together with the victim.

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