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(영문) 울산지방법원 2020.05.15 2019고합115
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

While the Defendant was under medical treatment due to traffic accident aftermathy, while having weak ability to discern things or make decisions due to mental disorder caused by the death or illness caused by the death or injury caused by the death or injury of the Defendant, the Defendant thought that neighboring residents could find out the house in which they live, together with the net that neighboring residents would deprive their dwellings without permission, and that contact with them can take place when they come to the house.

Accordingly, on March 4, 2019, at around 05:15, the Defendant: from the first floor of a detached house owned by the father C of the Defendant in Ulsan Jung-gu, Ulsan-gu, the Defendant: (a) placed a stringer and a stringer with a stringer with a stringer and a stringer with a stringer using a gas bag; (b) placed a stringer and a strings on the floor; and (c) moved a string on the floor and then moved the

Accordingly, the defendant set fire to and destroyed a structure owned by C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to a report on the occurrence of a fire, a criminal investigation report, a field identification report, a field photograph, or a CCTV image to the scene photograph, or a fire site investigation report;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, subparagraph 1 of Article 44-2 and Article 2-3 of the Medical Treatment and Custody, etc. Act (the necessity to receive outpatient medical treatment for the accused and recognition of risk of recidivism in full view of the status of the accused, the details and details of the crime in this case, the behavior of the accused before and after the crime, the inquiry result of F Hospital, the results

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of a type) shall be limited to the scope of fire-fighting crimes.

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