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Reasons
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(영문) 수원지방법원 안산지원 2012.06.01 2012고합101
현주건조물방화
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A defendant shall be punished by imprisonment for two years.

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

From September 201, the Defendant live in the studio 202, which was leased by the Defendant from around September 201.

The Defendant, as a 1st-class visually disabled person, was unable to discern things or make decisions due to alcohol studio, refund office, damage network, etc., and deemed that Korean women living in the said studio were able to seek self-harm by visiting the studio by visiting the studio to the same studio, and by leaving the studio 202 No. 1 (a size of 16.5mm2) on January 16, 2012. On the ground that, around 14:30 on January 16, 2012, the Defendant laid the studio 202m2 (a size of 16.5m2) with a studio 202m2 (a size of 16.5m2) with a studio 202m2 (a size of 16.5m2) with a studio.

Accordingly, the defendant, including the defendant, set fire to a building owned by 18 households including the defendant, which is used as a residence, and destroyed the amount of 17,950,000 won for repair.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and D;

1. A copy of the records of seizure, the list of seized articles, photographs of the suspect and field photographs, written estimates, and the destruction and photograph of seized articles;

1. Application of Acts and subordinate statutes to each letter of opinion;

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. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act is an act of setting fire to a structure used by the defendant, etc. as a residence and setting fire to repair cost of KRW 17,950,000 by the method that the defendant laid a hole in urban gas studio installed in his studio and puts a studter to a stop, etc.

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