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(영문) 창원지방법원 진주지원 2014.06.19 2014고합24
현존건조물방화
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, at the time of attending the “C High School”, brought about a fire in the above school building with the view to getting out of the middle school.

On February 11, 2014, the Defendant: (a) around 09:05, around Jinju-si, sent a fire to the toilet door from a day-to day-day in the third column for the first floor male toilet of the 1st floor of the building in Jin-si, Jin-si; (b) attached the fire to the string of the string, and moved to the string of the string.

Accordingly, the Defendant destroyed the number of 1,776,50 won of repairing expenses by setting fire to the existing building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to a field inspection report, investigation report (field status, etc. at the same time), and written estimate;

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 62 (1) of the Act on the Suspension of Execution (hereinafter referred to as "the grounds for sentencing") are Grade III intellectual disability, and the defendant suffered from both polar disorder and behavior control disorder before and after the crime of this case. Thus, according to the evidence duly adopted and investigated by the court of this case, the defendant is Grade III intellectual disability, and the defendant was suffering from both dynamic disorder and behavior control disorder before and after the crime of this case. However, in light of various circumstances such as the circumstances leading to the crime of this case, the means and methods of the crime of this case, and the conditions before and after the crime of this case, the defendant was found to have suffered from the stimulative disorder and behavior control disorder.

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