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(영문) 대구지방법원 2018.10.05 2018고합334
현주건조물방화
Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, while serving as a managing director at the D Depository located in Busan Metropolitan City, was engaged in the case of receiving money and valuables related to the election of the president of the D Depository. While the victim E, who was a director of D Depository, had a good appraisal for the reason that he was investigated by the investigative agency, the Defendant filed a civil suit to request the return of the interest paid to the Defendant in excess of the Defendant, the Defendant did not look at the studio building owned by the victim.

On August 1, 2018, at around 23:40, the Defendant: (a) 12 liters prepared in advance to “G” studio (12 households residing) which is managed by the injured party in the Sinsan-si, and (b) string the gasoline into the lower warehouse, and (c) string the gasoline into the lower warehouse on the side of the entrance of the first floor warehouse at that place; (d) string the gasoline into the lower warehouse; and (e) string the gasoline with a string with a string with a string with a string, on the lower warehouse, its parking lot, and parked studio, etc.; and (e) string the building outer wall.

Accordingly, the Defendant destroyed part of the above studio building which was used by others as dwelling 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. Statement made by the police for E;

1. Each statement of B, H and I;

1. A report on the results of fire site identification and on-site photographs;

1. Application of investigation reports (in addition to field photographs), investigation reports (related to attaching field pictures), investigation reports (in cases of attaching images to crimes), investigation reports (in cases of reporting CCTV data related to the purchase of gasoline by a suspect), investigation reports (in cases of reporting CCTV data), investigation reports (in cases of attaching certified copies, etc. of the register of the building to the "G"), investigation reports (in cases of ascertaining whether any person existing in the studio building exists), and statutes attached thereto;

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 to mitigate small amount;

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed;

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