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(영문) 부산지방법원 2013.09.06 2013고합305
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 12:40 on April 25, 2013, the Defendant: (a) around 12:40 on April 25, 2013,: D apartment 13 B-404 (the above house is owned by E, and its apartment is an apartment house is owned by many people, including the Defendant) located in Busan Dong-gu, which is the Defendant’s dwelling place; (b) kept 13-B-404 (the above apartment house is owned by E) in the kitchen clock for the reason that ordinary neighbors, including the Defendant, ignores and destroys themselves; (c) put up eight of portable gas and disposable carbon gas on the ward clock; (d) put a newspaper and paper on the gas click, and then put the gas gas into a portable butane by using it, and then put the gas click, with the gas click, deculing, walls, walls, etc. (an amount of damage KRW 1,000).

Accordingly, the defendant destroyed the above D Apartment B-404, which is part of the apartment house living in total of 32 households.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes on field photographing photographs;

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. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances required for the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances required for the following reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the Defendant, who is a multi-family housing in which 32 households reside, has a method of explosioning a portable butane gas at the Defendant’s residence, and not only risks the means and method of committing the crime, but also efforts to recover the damage.

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