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(영문) 의정부지방법원 2014.11.25 2014고단2779
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On April 29, 2014, the Defendant prepared, at the time of the Government-Si, on April 17:14, 2014, for the purpose of causing a fire to the structures that other people live, in the D apartment house parking lot, the Defendant prepared in advance for the reason that the same knife as the knife of the family in the neighboring house gets dead, using one knife and one knife lids open by using one knife and one knife (4 lifs) while threateninging the occupants, thereby threateninging the occupants of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. The list of seizure;

1. Application of Acts and subordinate statutes to new age, on-site photographs, shots, and gain photographs;

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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

1. In light of the following circumstances acknowledged by the instant argument and records as to the claim of mental and physical disability under Article 48(1)1 of the Confiscation Criminal Act: (a) the Defendant has been treated from January 2013 due to a bipolartic disorder, a detailed mental disorder of unknown mind, etc.; and (b) the Defendant has shown that “a knife and sound at home had purchased knife and knife with knife with knife with knife with knife with knife with knife with knife with knife with knif with knife with knif with kn

However, such circumstance alone is difficult to readily conclude that the Defendant’s failure to discern things or make decisions at the time of committing the instant crime.

Therefore, mental disability claim is not accepted.

The positive conditions of sentencing are positive: from January 2013, the defendant has been treated as a bipolar disorder and a detailed unknown mental disorder, etc., and shows the phenomenon such as restitution and the network, and such mental disorder seems to have affected the crime of this case.

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