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(영문) 수원지방법원 성남지원 2016.12.08 2016고합59
현존건조물방화
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 was in a state of falling short of ability to discern things or make decisions due to intellectual disability of Grade 2 (Intelligent Index 49) with severe intellectual disability, non-socialized behavior disorder, military register fire prevention, and unknown habits and shock disorder.

On January 2, 2016, the Defendant attempted to act in self-defense with an ancient wall from the second female toilet of the CA building atHanam-si on January 2, 2016, but failed to meet his/her own alternative sexual desire due to the absence of a ancient wall, attached a stringle on the part of the toilet heating apparatus and a cremation installed on the side of a changeer, and attached a wall to the wall of the second floor toilet with a stringle on the ground that the stringle on the part of the toilet and the stringle on the ground that the stringe did not meet the stringe’s own alternative sexual desire. At around 21:18, the Defendant continued to wear the wall by putting the inner wall of the 7th floor above the 7th floor of the same building on the wall installed at the entrance corridor of the “D private teaching institute”, and put the stringe onto the wall of the 7th floor and the wall.

Accordingly, the Defendant: (a) caused the damage of KRW 85,100,000 in the market price to the victim G who is the owner of the building by burning the inner wall of the toilet of the second floor and the passage wall of the 8th floor of the building in which the nurse on duty, who was on duty at the “F Council” of the 7th floor of the building, was in operation at the time; and (b) caused the damage of KRW 5,5.1 million in the market price to the victim G who is the lessee of the 7th floor of the same building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, I, and J;

1. Records of seizure and the list of seizure;

1. Investigation reports (current status of occupancy in a damaged building), investigation reports (Correction of the amount of damage), and investigation reports (documents related to hospitalization in a hospital);

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes on site photographs and CCTV images;

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

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