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(영문) 대구지방법원 2020.09.18 2020고합300
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than two years 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 committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to the decentralization.

On June 27, 2020, at around 10:55, the defendant and the defendant's mother were living together, and the defendant argued that D would provide meals, etc. to other person's residence and would allow cash receipts to be issued in the name of the other person with respect to the price paid in the dwelling space between the defendant and the defendant's mother D. On the ground that D would cause the other person's house to be issued with respect to the price paid. The defendant, after tearing gas of gas gas of the dwelling space between the house and the house, sent fire to the tear, and destroyed all the inside of the apartment by setting the gas of the gas of the gas of the gas of the city.

As a result, the Defendant destroyed the above apartment house No. 100 million won in the market price of the victim E, and suffered injury to the victim G residing in the above apartment house No. 61 (the age of 61) due to the smoke of fire caused by the above fire, such as a difficult respiratory disorder in treatment days, a acute organ infection, etc.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and on-site photographs of each police officer's statement of D, E, and G, list of 112 reported cases (No. 6 No. 112 reported evidence list), CCTV-cape;

1. Reporting the occurrence of a fire accident, and the application of each investigation report (the attachment of CCTV photographs, on-site identification reports, and attachment of site photographs, and submission of victim G diagnosis reports, taken by a suspect A and a mother D in motion of the suspect A);

1. Article 164 (2) (main sentence) and Article 164 (1) of the relevant Act concerning the facts constituting an offense and the multiple-choice Act;

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

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

1. The defendants under Articles 44-2 (1) and (2) and 2-3 subparagraph 1 of the Act on Probation and Medical Treatment and Custody, etc. and Article 10 (2) of the Criminal Act shall be pursuant to Article 10 (2) of the Criminal Act;

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