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(영문) 수원지방법원 2019.06.21 2019고합168
현주건조물방화
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From August 2009, the Defendant suffered difficulties in appraisal adjustment due to symptoms, such as recomponivity, impulse behavior, liverness, etc., and had weak ability to distinguish things or make decisions.

On March 3, 2019, around 18:52, the Defendant, at the house of the Defendant located in the office of the Singuungdong-gu B building C, and the mother, from D, heard the horses, and when the mother lacks the ability to discern things or make decisions due to impulse behavior, etc., the Defendant attached clothes to the wall of the non-breadth and the ceiling.

As a result, the Defendant destroyed part of one unit of multi-household housing used by 18 households, such as E, for residential purpose, which is a non-repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, G, and D;

1. A H statement;

1. Reports on internal investigation (in relation to statements of, and damage to, a suspect), investigation reports (in relation to the details of the examination and treatment of the suspect and submission of written applications for carbon);

1. A report on the occurrence of a fire, a report on the current situation, a report on the field identification, a report on the results of fire-fighting accidents identification, a report on the results of fire-fighting identification, and a report on the results of fire-fighting

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

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Imprisonment with prison labor for September through July;

2. The scope of recommendations according to the sentencing criteria (the determination of a type) shall be limited to the scope of fire-fighting crimes (the first type), [the main building] fire-prevention, such as suspender buildings, public structures, etc., and fire-prevention (the special person).

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