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(영문) 대구지방법원 2017.07.14 2017고합183
일반건조물방화등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant has committed the following crimes under the status that he/she lacks the ability to discern things or make decisions due to Compilation mental disorder, etc.:

1. On February 25, 2017, around 14:19, the Defendant damaged the Defendant’s residence D Apartment 605 602 Dong-gu, Daegu-gu, Daegu-gu, about 605 dong-gu, and damaged the Defendant’s dwelling area (16 cm in diameter, 16 cm in height, 9 cm in height) out of the hold of a bend, and damaged the Defendant’s vehicle by falling off the victim E, who is parked in the first floor parking lot, into the FM5 car owned by the victim, thereby destroying the lower glass door of the said vehicle, and KRW 407,010.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant, at the time and place indicated in paragraph 1, posted a brupt, which is kept in the inside and outside of the embankment, and attached a brupt with a brupt, inside the embankment, to the entire house of a 56 square meter size and inside the embankment.

Accordingly, the defendant destroyed the above apartment owned by the Korea Land and Housing Corporation to cause about KRW 25 million damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E and G;

1. Receipts:

1. The photo of the fluenced fire by the victim and the photograph of the damaged vehicle;

1. On-site reports on results of field identification and on-site photographs;

1. Application of each investigation report (the degree of damage and confirmation of the relation to the ownership of apartments) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Article 166 (1) of the Criminal Act (the occupation of general buildings and fire prevention), Articles 369 (1) and 366 of the Criminal Act (the occupation of damaging special property and the choice of imprisonment with prison labor);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of each offense prescribed for the crime of arsoning a general structure with heavy punishment is added);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).

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