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(영문) 대구지방법원 2020.01.10 2019고합444
일반건조물방화
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant has the weak ability to discern things or make decisions due to the first grade of intellectual disability.

On October 22, 2019, at around 08:26, the Defendant: (a) destroyed the interior, outside, and exterior of the building and clothes of approximately KRW 3,500,000,00 in the market price by putting the newspaper site, etc. in the Daegu Dong-gu, C, and the first floor “D” operated by the Victim B; (b) setting the fire to the inner, outside, and exterior of the building and the clothes of approximately 3,50,000,000,000,000,000,000,000,000,000,000,000 won; (c) destroyed the fire by making the victim E’s clothes located on the right part of the stairs, which are operated by the Victim G located on the left part of the lower part; and (d) continuously destroyed the fire by making the victim G’s “H” door up to approximately KRW 5,500,00,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to B, G, and E;

1. 112. List of reported cases;

1. On-site identification reports and site file reports;

1. Application of Acts and subordinate statutes to each internal investigation report (including attached materials Nos. 5, 6, 10, 11, 13, 17, 18, and each accompanying material), each investigation report (including attached materials No. 20, 21, 23, 27, and each accompanying material);

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the 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 consideration shall be made again for the reason of sentencing);

1. The defendants of the main sentence of Article 62-2 (2) and (1) of the Criminal Act, Article 2-3 subparagraph 1 of the Medical Treatment and Custody Act, Article 44-2 (1), (2), and the main sentence of Article 44-2 (3) of the Medical Treatment and Custody, etc. Act are mentally handicapped persons whose punishment is mitigated pursuant to Article 10 (2) of the Criminal Act, who have

The status of the defendant, the details and contents of the crime in this case, the defendant's act before and after the crime, and the defendant.

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