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(영문) 서울북부지방법원 2014.05.02 2013고합378
현주건조물방화치상
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and C (the suspension of indictment on the same day) are the legal spouse relationship.

On June 29, 2013, at around 21:00, the Defendant received text messages from C, which “I would like to do so even if I would do so,” and said, at around 21:25 on the same day, the Defendant laid off a single-use Lane in his house located in Dongdaemun-gu Seoul Metropolitan Government on the bottom of five bottoms of the butane gas tank where I would like to dries and store gas that was in the process of drilling back to the original house located in Dongdaemun-gu D 1st, Seoul, and released it by cutting down with gate, and then C “I would flick if I want to die, I will flick, and flick, if I would do not do so.”

C received from the Defendant a disposable dog, and then franchising the said dog from the throughane gas franchising the franchising gas, and caused the Defendant and C’s son E (V, 13 years old) to take 22% of the physical surface finite 22% of the treatment days in which the number of treatment days cannot be known, and at the same time, the Victim F (V, 11 years old) suffered 31% of the physical surface finite 31% of the treatment days in which the number of treatment days cannot be known.

Accordingly, the Defendant conspired with C to release gas and suffered injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. On-site photographs and damaged photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The main sentence of Article 172-2 (2) and Article 172-2 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crime of causing bodily injury resulting from gas emissions to a victimF heavier than the criminal situation)

1. Selection of punishment and limited imprisonment;

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 on the suspension of execution (the same extenuating circumstances);

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is committed to the neighboring household.

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