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(영문) 인천지방법원 2018.04.05 2018고합69
현주건조물방화
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C (n, 63 years of age) and C, and the victim is a person operating a cafeteria on the Nam-gu Incheon Metropolitan City D and 1 level, and the above building is a commercial building on the first floor, including the restaurant of the damaged person. On the second floor, there are several restaurants including the head of the house on the third floor, the church on the third floor, and the fourth floor on the fourth floor, and one person living in the above section.

The defendant, under the state that there is no good appraisal between the victim and his husband due to the real estate inheritance problem of ordinary relatives, thought that he forced the victim and his husband, who is the husband of the victim, to be hospitalized in a mental hospital and forced him to do so, and caused him to do so, and her to do so. The other restaurant operated by the victim.

On January 31, 2018, at around 23:58, the Defendant purchased gasoline from his employees in Gcellp station located in the Nam-gu Incheon Metropolitan City F, and then moved 2 liters to plastic growth bottle (Evidence 2). At around 04:45 on the following day, in front of the restaurant, the Defendant laid the bricks on the surrounding floor of the restaurant, laid down in the glass door, and breaking the gasoline contained in aquatic water on the restaurant’s floor. Through the place, the Defendant added a fire to the suspension contained in the surrounding garbage bags (Evidence 1) and then moved it to the entire inner restaurant by placing gasoline in the way that gasoline was collected from the dust flusing floor.

Accordingly, the Defendant destroyed the part of the restaurant among the first floor of the commercial building used by the people as a residence in order to cause property damage equivalent to KRW 2,466,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. On-site photographs (on-site photographs containing gasoline, etc.), seized objects photographs, photographs taken after the arrest of the Defendant A, G gas station CCTV images (suspect gasoline purchase surface), and H. adjacent to the site of the instant case.

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