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(영문) 의정부지방법원 고양지원 2020.05.26 2020고합58
현주건조물방화미수
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 in a state of weak ability or decision-making ability to discern things due to intellectual disability of grade II, intellectual disability, brain cerebral disease not accompanied by dyslexic brain disease, etc., and is living in B apartment C at the time of Pakistan, and the victim D(40 years of age, female) is a person residing in E.

1. On March 17, 2020, the Defendant committed the crime around March 17, 2020, around 21:04, around the entrance of the victim D (the victim 40 years of age, women) located in B apartment E-family housing located in Pakistan-si, Pakistan on the ground that the victim's children do not play together with the Defendant, and put the victim's children in the place of residence, and put the cremation and newspaper that brought about at the Defendant's place of residence in the front of the entrance. However, the Defendant was fired and attempted to do so before the non-breadth.

2. Around March 18, 2020, the Defendant, around March 18, 2020, posted a fire in the same place as the above Paragraph (1) and in the same manner as the above Paragraph (1), but was fireed before a fluence in the fluent length.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D and F;

1. Reports on internal investigation (the sequence 3,5 of evidence list);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts;

1. In full view of the following: (a) Articles 10(2) and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2000Du1448, Apr. 21, 2000; 200Du1448, Apr. 21, 200; 200Du1488, Apr. 21, 200; 200Du1448, Apr. 21, 200)

1. The punishment of concurrent crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, which is heavier than the punishment of concurrent crimes.

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