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(영문) 전주지방법원 2018.01.12 2017고합232
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 about four years ago, the Defendant began to work as an insurance designer, and did not often dispute with the defective victim on the ground of education, etc.

On April 26, 2017, the Defendant: (a) around 00:00, at the victim’s residence located in Seojin-gu, Seojin-gu; (b) brought clothes of the victim in his house due to the victim’s failure to go to go home on the ground that the victim got to go abroad; and (c) brought about gas sirens by piling up them into the center of the living room; and (d) attached a fire in a newspaper; and (c) using a newspaper site with fire, put the clothes on the above 50 square meters of the 1st floor of the building through the floor, walls, etc. of the living room.

Accordingly, the defendant, who is a family member of the defendant such as the victim, destroyed the amount of 3,501,000 won, such as clothes of the victim's 1 floor and the victim's clothes, which are used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Responses to the results of identification at the scene of a fire accident, gene appraisal reports, replys to requests for appraisal, and field photographers;

1. Certification of seizure, record of seizure, list of seizure and notification to a department related to reporting 112;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each 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. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of favorable circumstances in consideration of the amount of punishment):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. As to the Defendant’s assertion of mental and physical weakness under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders, the Defendant and the defense counsel had a mental and physical weakness at the time of committing the instant crime.

As such, according to the evidence duly adopted and examined by the court, the defendant could recognize the fact of drinking to a certain extent at the time of the crime of this case. However, the background and means of the crime of this case are different.

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