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(영문) 대구지방법원 포항지원 2018.05.31 2017고합103
현존건조물방화미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant was at the second degree of intellectual disability, and even before the early, the defendant had a weak ability to discern things or make decisions due to mental delay.

" 2017 Gohap 103"

1. The Defendant attempted to commit fire to the present-ju building and fire, putting people around ordinary places in mind, and putting them in a toilet for the present-ju bathing beach with a view to disregarding himself.

On November 21, 2017, the Defendant: (a) entered a male toilet for a public bathing beach parking lot located in Northern-gu, Northern-gu, 260, North-si; (b) tried to set fire to the above toilet by attaching fire to a stop located inside the strings inside the string of the strings with a stringer, but was in the place where the strings occurred.

C found it difficult to find out that plastic suspension machines are influenced, and extinguishing them.

Thus, the defendant tried to extinguish a fire to a building in which people exist and destroyed it, but did not commit an attempted crime.

"2017 Gohap 110"

2. On October 13, 2017, at around 08:40, the Defendant: (a) went to the house of the victim E (34 years old) located north-gu, north-gu; (b) and (c) invaded by the means of tearing and breaking the shocked net of the kitchen window at the location; and (d) brought about one stuffing beverage at a level equivalent to KRW 15,000 at the market price owned by the victim at the location.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

3. The Defendant, at the time and place indicated in paragraph 2, destroyed the shock net of the main window at the location by hand, and damaged the market price of the victim by tearing the shock net.

Summary of Evidence

" 2017 Gohap 103"

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. The investigation report (as regards the person suspected of committing the crime), the investigation report (in addition to field photographs), the investigation report (as regards the figures and belongings at the time of arrest), and the investigation report (as to the managing body of the damaged place).

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