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(영문) 부산지방법원 2016.07.06 2016고합35
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From around 2005, the Defendant is a person who leased and resides in a house owned by the victim D (V, 56 years old) located in Busan-gu C (hereinafter “instant house”) in Busan-gu with a deposit of KRW 10 million.

The Defendant, from around 16:00 on December 30, 2015 to around 17:40 on the same day, while drinking alcohol alone at the inside of the Defendant on the first floor of the instant house, had the victim living on the second floor of the instant house destroyed the entire first floor of the instant house by setting a fire to the front of the instant house with a fire attached to a portable thrower who had no occupation and was in possession of the wife living together with the her being mixed, and then moved to the surrounding clothes, etc., with a fire attached thereto, and caused the damage to the victim living on the second floor of the instant house (hereinafter referred to as “the instant fire”). Accordingly, the instant fire caused the injury of the victim, who had been living on the second floor of the instant house, such as the toxic chemical substance, gaseous, gas, alcohol, and pulmonary breath due to water, etc., for about two weeks of treatment.

The Defendant destroyed the instant house used by a person as a residence by setting fire as above, and thereby, caused the injury to the victim requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each police statement made with respect to E, D, and F;

1. Investigation reports by each prosecutor's office (to be bound to keep records of victim D diagnosis certificates, to attach certified copies, etc. of register, to confirm whether a dispute exists with the counterpart suspect of the victim, and to verify the counter-

1. A police investigation report and a police investigation report (on the scene of the incident at the time);

1. Determination as to the assertion by the defendant and defense counsel of a report on the results of field identification, the results of a fire site inspection, the detailed statement of handling 112 reported cases, a certified copy of the register, a medical certificate, and each field photograph

1. The summary of the allegation is that the fire of this case occurred due to the negligence that the defendant did not properly turn the cigarette, so the defendant did not have the intention and motive of fire prevention.

The facts charged in the instant case are as follows.

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