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(영문) 대구지방법원 포항지원 2013.07.29 2013고합54
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant, from the first floor of the building located in Nam-gu Seoul at port, was a person who operated the repair store with the trade name of "D", and was urged to repay debts from "D" that had previously been living together, and had the intent to commit suicide.

On May 11, 2013, at around 14:34, 2013, the Defendant: (a) sent a ice connecting liquefied petroleum gas (LPG) gas and gas bags outside the building at the main room of the “D”, and (b) sent a gas to 119, by phoneing it to 119; and (c) on the same day, seven police officers, including the victim G (the age of 56), etc., who was dispatched upon receipt of the above report at around 14:53, she sawed the Defendant into the gas leaked from the leakage of gas; and (d) destroyed the said building owned by the victim H so that the repair cost of the building owned by the victim would be equivalent to KRW 1930,00,000,000,000.

As a result, the Defendant: (a) destroyed part of a building by setting fire to the existing building in which the victim G et al. were located; and (b) caused the victim G to suffer images of approximately 6-8 weeks of heart 2 degrees in need of medical treatment; and (c) sustained each injury from the victim 7 as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, I, J, K, L, G, M, and N;

1. On-site rescue and entry status of police officers, and results of identification at explosion sites;

1. Investigation reports ( received status of reports on gas explosion) and investigation reports (in relation to unused sites by suspects);

1. Written estimate;

1. Application of the respective laws and regulations to I, J, K, L, G, M, and N

1. Article 164 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a victim G with the largest penalty for causing bodily injury or injury due to a structure)

1. Selection of punishment and limited imprisonment;

1. Article 53 of the Criminal Act for discretionary mitigation.

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