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(영문) 대구지방법원 2016.07.05 2016고합179
현주건조물방화
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 The Defendant is a person who was sentenced to a stay of execution on November 27, 2015 to nine months after being sentenced to a stay of execution on the grounds of habitual larceny in the Young-gu District Court’s Yeongdeungpo-gu District Court’s territorial support on the grounds of habitual larceny, and whose judgment became final and conclusive on December 5, 2015

【The Defendant committed a fire-prevention crime as follows in a state that the Defendant lacks the ability to discern things or make decisions due to a detailed uncertainty of the crime.

On March 24, 2016, around 03:30 on March 24, 2016, the Defendant sought his father D and his father E’s residence.

The defendant, who moved to D as an apartment that he lives, was thought that D would go to the apartment that D was living in the house, and if he was satisfy, D would go to the apartment that he lives in.

피고인은 그날 06:00 경 그곳 주방에 설치되어 있는 가스레인지에 불을 켠 다음 그 위에 두루마리 화장지 8개를 올려놓아 불을 붙여 그 불길이 벽을 타고 샌드위치 패널 구조 연면적 약 66㎡ 의 건물 전체에 번지게 하였다.

Accordingly, the defendant, who is a victim F owned by D and E as a residence, destroyed all of the houses equivalent to KRW 30 million at the market price of the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and E;

1. Each investigation report (on-site photographs, appending estimates of houses, routes of suspect movement, victim D and E interview);

1. The point of mental or physical weakness in the judgment: The defendant's legal statement, a certificate of a disabled person, a certificate of medical treatment, and a certificate of release from a hospital;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and Acts and subordinate statutes on investigation reports;

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. Legal mitigation (person with mental or physical weakness) Articles 10(2) and 10(1)3 and 55(1)3 of the Criminal Act (the motive, background, means and method of the instant crime as indicated in the instant records and pleadings, the criminal conduct of the Defendant before and after the instant crime, and the criminal investigation agency and this court.

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