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(영문) 전주지방법원 2016.11.03 2016고합111
현주건조물방화
Text

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

around February 25, 2016, the Defendant leased 101 E-1,000 won, monthly rent of KRW 1.5 million, and 250,000,000,000 owned D, which was owned by the Defendant, to reside with the Defendant’s female F living together therein.

On May 13, 2016, at around 05:55, the Defendant: (a) 05:55, while she was in dispute with the said F and money issues, etc., she was frightly divided into a house, with a view to setting fire in the house; (b) was intending to cut urban gas pipes from a knife pipe with a knife knife, which was in the main room; (c) but did not flick, the Defendant laid urban gas pipe valves by cutting the gas pipe, which was in his/her possession, and flife urban gas pipe with a single stop, attached it to the knife, wall, etc., and destroyed the said E 101,000 won owned by D, 2,9210,000 won.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. A report on occurrence (fire), some of the reports on internal investigation, a report on investigation (attached to a report, etc. on results of field identification), a report on the results of field identification, a report on fire case investigation, a report on investigation (Submission of a victim G opinion), and a report on investigation (additional submission of a victim's written estimate);

1. On-site photographs and documentary photographs of fire sites;

1. Application of written estimate or the statutes governing the real estate lease contract;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. As to the defendant's assertion of Article 48 (1) 1 of the Confiscation Criminal Code, the defendant asserts that the defendant only caused a fire to smoke, and that the defendant did not have an intention to prevent fire.

However, according to the evidence adopted and examined by this court, gas pipelines connected to gas bags.

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