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(영문) 부산지방법원 동부지원 2018.08.28 2018고합104
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:10 on March 25, 2018, the Defendant sent a text message to E, “Ibre, Ibre,” and sent the text message to E, “Ibre, Ibre,” and then he stored an easily inflammable object, such as the clothes of E, in a small room, in accordance with the 83,79 square meters of the total floor area of the second floor and the 83,079 square meters of the 2nd floor area of the 2nd floor according to a boat and the ceiling.

As a result, the defendant set fire to the second floor owned by D used as a residence and destroyed the amount equivalent to KRW 18,940,000 for repairing expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on the occurrence of a fire, each internal investigation report (referring to a report on the analysis of the contents of fire identification and voice recording), a fire incident (such as large-scale statements, etc.) in front of the F, an investigation report (referring to a report on the hearing of statements by a foreign or G appraiser by telephone);

1. A report on the results of field meals, a fire site survey report, and a legal and chemical appraisal report;

1. Photographss, on-site photographs, and fire site photographs by capturing a shot message of the recipient;

1. Written estimate and the application of statutes governing a certified copy of registry;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. At the time of the instant case, the Defendant, based on the clothes accumulated in front of the small room room, was placed under the small room window, and was placed under the small room room, and the Defendant was not intentionally fluored on the part of the victim’s house.

2. Determination.

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