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(영문) 창원지방법원 2015.11.12 2015고합230
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has been residing in the house owned by the defendant in Kimhae-si D, with the spouse C (L, 71) who is his spouse.

On October 9, 2015, at around 06:50, the Defendant stated that in the foregoing house, the previous Defendant would be able to take the desire of the Defendant, and that C would not take the width due to the reporting of the disturbance, and C went to the house of his father by leaving the said house.

Then, the Defendant exceeded the world which he was suffering from, and added fire to the above world with gas bags for one time for use. As above, the incombustible door was put in a living room within the said house, and was put in a string house and a string roof, which had been put in a string house within the said house. The Defendant continued to put in a string force on the front floor of the said house, with a fire on the upper string unit, attached it to the above string unit and the string unit on a white string floor located outside the living room outside the said house.

Accordingly, the defendant destroyed the entire house with C and part of the living room outside the house.

The facts charged in the indictment were partly revised according to the facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the defendant's exercise of his right to defense.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement to C by the police;

1. Address photographs of the case;

1. A report on the results of field identification;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (limited to damage to buildings), investigation reports (limited to the register of real estate register);

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

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 sentencing of Article 62-2 of the Criminal Act on Probation.

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