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(영문) 울산지방법원 2016.01.08 2015고합280
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a patient with symptoms such as the damage net, exchangeing, and physical control network, lacks the ability to discern things or make decisions. At around April 21, 2015, the Defendant, around 203 Dong 1006, which was the Defendant’s residence in Yangsan-si, the Defendant, on April 4, 2015, put one butane gas into the smell, put it into the smell, put it on the wall, tent, etc., and moved the flames generated by heating the gas in order to avoid this coming into the smell. At around 39 cubic meters of the total floor area of the above dwelling area, the Defendant made it turned into the wall, ceiling, etc.

As a result, the Defendant destroyed the above apartment units of 1006 which are present and managed by E, by making it reasonable to repair cost of 25,344,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Remuneration matters, such as a report on the occurrence of a fire and a report on a fire accident prepared by a victim;

1. On-site identification photographs;

1. Written estimate;

1. Application of Acts and subordinate statutes to a criminal investigation report (a repayment of damage, confirmation of hospitalization, etc.);

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (a) of the Criminal Act (around June 27, 2012 to June 10, 2013, the Defendant continued to be hospitalized in a F hospital due to mental fissionation, and continued to receive outpatient treatment at the F hospital. On April 4, 2015, the day of the instant crime, he/she was rehospitalized to the said hospital, and is currently receiving medical treatment for admission up to the present time. As such, even at the time of the instant crime, it is determined that the instant crime was committed under a lack of ability to discern things or make decisions due to mental fission, and that the mental and physical weakness was mitigated).

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Application of the sentencing criteria (a type determination), fire-fighting crimes, general standards, and

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