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(영문) 인천지방법원 2014.04.09 2014고합94
현주건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to the symptoms of a summons caused by a Compilation mental disorder.

The defendant, due to the symptoms, continued to have been hospitalized for about two weeks in the C Hospital mental ward in Jung-gu Incheon Metropolitan City and was released from the hospital for about two weeks, but he continued to listen to the exchange, and he thought that he was living in the accommodation of the "E" church operated by the defendant's senior mother, and sentenced the defendant to remove the church and the church accommodation by burning it.

Therefore, around 17:05 on December 21, 2013, the Defendant: (a) set up a house at “E” church located in the Seo-gu Incheon, Seo-gu, Incheon; and (b) set up a house and set up a house in the middle of the lodging, and destroyed the said house used by G et al. for residential purpose by putting the house with a dog that was prepared in advance to store the clothes in the middle of the lodging.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. The list of seized articles;

1. On the occasion of a request for cooperation with investigation, a fire site investigation report, and on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (a list of evidence Nos. 1, 6, 11, 15);

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of a type], general criteria, type 1 (Setting fire to Present Living Building, etc.): mitigation elements: mental and physical disability (no person in question), non-exclusive mitigation areas (the scope of recommending punishment), special mitigation areas, 9 months to 3 years [the suspension of execution].

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