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(영문) 서울서부지방법원 2017.06.14 2017고합114
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From August 25, 2015, the Defendant, who was living together with C on February 2017, when he was living together with C, requested C to take a hedging on the ground that C was engaged in violent behavior at the time of drinking alcohol. On February 2, 2017, the Defendant, who was living in the said residential area and staying in the E-gu house located in Dongjak-gu Seoul Metropolitan Government E, demanded C to contact C on a multiple occasions on February 25, 2017, but C refused it, and was able to look at C’s residential area.

On February 25, 2017, around 02:45, the Defendant: (a) spreaded the gasoline purchased in advance to the above D Apartment 212; (b) caused gasoline 212 by putting it into the ground in the shape of the above 212; and (c) destroyed the above D Apartment 212 by putting it into the ground in the shape of the above 212; and (d) destroyed the said D Apartment 2, which is managed by the victim F, by putting it into the whole floor of the non-breadth D apartment 2, and then destroyed the said D apartment 2, which is managed by the victim F, to repair the said 258,50,000 won; and (e) the victim G (W), 30 years old, H (n, 27 years old) residing in D apartment 214, and suffered from the injury of the said 1st floor, including three weeks and above.

Accordingly, the defendant set fire to and burns a building in which a person uses it as a residence, or a building in which a person exists, and suffered injury respectively to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, I, J, F, G, and H;

1. Legal and chemical appraisal reports, results of field identification of fire accidents, photographs of fire accidents, and reports on the assessment of victims of crimes;

1. A report (fire), internal investigation report (Attachment of the Kakao Stockholm text message), internal investigation report (CCTV verification), investigation report (on-site fire joint identification), investigation report (CCTV attachment), investigation report (CCTV image attachment), and investigation report (a written estimate of the damaged building);

1. Application of Acts and subordinate statutes to a medical certificate (G) and a medical certificate (H);

1. The main sentence of Article 164(2) and Article 164(1) of the Criminal Act concerning the crime

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