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(영문) 청주지방법원 2017.08.18 2017고합94
현주건조물방화
Text

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

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

Since several years ago, the Defendant was felbrupted by the impulse that he want to give a fire to Agrhidine from the lower police officer of 2016, the Defendant was feld from time to time.

At around 05:10 on April 24, 2017, the Defendant, within 101 multi-household housing which is a residence of the Defendant located in Cheongju-si, which is located in Cheongju-si, a substantial area of Cheongju-si, and had the Defendant move back the instant multi-household housing 101 by attaching a fire to the newspaper with a single-use gas string gas in the state that the Defendant did not overcoming the impulse and has the ability to discern things or make decisions due to major depressions without overcoming the impulses, and was in the state that he did not have the ability to separate things or make decisions.

As a result, the Defendant destroyed 101 multi-household houses owned by 13 households as residence, which are used as 4,746,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of interrogation of the suspect against the defendant by the prosecution (No. 12 No. 12);

1. A report on the occurrence of a fire and the arrest of a fire-prevention case;

1. Application of the statutes on the part of the damage amount stated in the investigation report (Attachment of a fire site investigation report);

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mental and physical weakness) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination as to the assertion by the defendant and his defense counsel under Article 62-2 of the Criminal Act on the observation of protection and observation

1. The summary of the argument is that the Defendant was in a state of mental and physical loss to the extent of completely unable to memory due to extreme depression, tidal wave, etc. at the time of committing the instant crime, and thus, cannot be recognized as an intentional fire, and cannot be charged with the crime of fire prevention.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the Defendant’s mind in the prosecution.

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