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(영문) 대전지방법원 서산지원 2018.09.19 2018고합61
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From July 2017 to July 2017, the Defendant was living together with the victim C in a house owned by the victim C located in Chungcheongnam-gun, Chungcheongnam-gun. The Defendant, at around 19:23 around July 24, 2018, claimed the same day, and solicited the Defendant to return home to the victim by telephone, but the Defendant was refused from the victim.

20-liter gasoline and gasoline in a ward had a 20-liter gasoline, and then had it spread to the entire house of this kind by attaching it with a rater in possession.

Accordingly, the defendant destroyed a house with an amount of KRW 160 million in the market price owned by the victim who is used as a residence by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Photographss of parts concerning the skin of the victim, his/her hand, and his/her clothes;

1. The 112 reported case settlement table, respectively;

1. Determination of internal investigation reports, investigation reports (on-site situations, etc.), investigation reports, investigation reports (to hear statements of victims), Defendant and defense counsel’s arguments

1. The summary of the argument is that the Defendant spawn gasoline in the dwelling space in mind that he would threaten the victims of the house to frighten, and thus, spawn the gasoline in order to smoke tobacco while being put to hand on his hand, and spawn the remainder of play fright to get on the floor of the dwelling space, and the Defendant did not intentionally prevent fire.

2. In full view of the following facts and circumstances admitted by each of the aforementioned evidence, the Defendant’s assertion of the Defendant and the defense counsel is not acceptable, since the Defendant, at the time of committing the instant crime, was deemed to have committed a fire-fighting crime, as stated in the judgment with intent to commit the fire.

A. The Defendant, while under the influence of alcohol on the day of the instant case, exercised violence while disputing the victim, and the victim is willing to buy tobacco.

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