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(영문) 대전지방법원 논산지원 2016.05.04 2016고합1
현주건조물방화
Text

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

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

Reasons

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to a suspended sentence of two years on January 1 and June, 2014, for the purpose of the crime of fire prevention of the present main building in the Daejeon District Court’s Branch, and on September 4, 2014, during the suspended sentence as the judgment became final and conclusive and conclusive.

The defendant is a person who resides in c. C. C. 302, and 4 households are living in 12 households, each of which is a three-story building of the above c. C. 302.

On January 9, 2016, at around 16:40, the Defendant: (a) committed a fire at least 1.320,000 won in total, in a manner that the Defendant, by drinking alcohol (hereinafter referred to as CBC) with a view to committing suicide, and by using a dog in his possession, strings with a string with a string straw, thereby setting the clothes, floor, etc., to the extent that the 1.320,000 won of the repair cost.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

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

1. Legal statement of the witness D;

1. Seizure records;

1. On-site photographs, investigation reports (Attachment of estimates), and investigation reports (on-site photographs, investigation reports (on-site records showing the scale of the studio that the subject is fire-proof);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and application of the text of the judgment of Daejeon District Court 2014 High 20 High Gohap 20

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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. According to the record of this case’s determination as to the assertion of mental and physical weakness by the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant was hospitalized in the White General Hospital from January 4, 2016 to January 8, 2016, due to the difficulty in shocking with the crime, etc., and was diagnosed as “any unidentified personality disorder”, and the fact that the Defendant drinked drugs, such as guidance on the surface at the time of committing the crime, and drinked alcohol to a certain extent.

However, on April 14, 2016, the circumstances diagnosed by the brain wave test of the Healthy University Hospital were different from the motive, background, method, and process of the crime.

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