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(영문) 수원지방법원 여주지원 2013.11.28 2013고합93
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

From 209 to 2012, the Defendant had repeatedly been hospitalized in the National Seoul National Hospital, and had been diagnosed by the third level of mental disorder under the above sick name on September 24, 2012. While the mental division lacks the ability to discern things and make decisions, the Defendant asked the victim who had been in custody of KRW 28,30,000,00,000, including the deposit for the deposit for the house at which the Defendant had resided before being hospitalized in the National Hospital with the mental fission certificate for about three years before being hospitalized, to return it to the victim, but did not return it.

On October 10, 2013, the Defendant: (a) around 09:30 on October 10, 2013, the victim’s house located in Gyeonggi-do Yang-gun C, with a 2nd floor-to-story oil source in storage in the warehouse; (b) sold it on the floor of the living room; and (c) removed from the entire building by attaching a disposable straw with a single stringter in possession; and (d) destroyed the fire by setting the inside the building of 125 square meters in total floor area of the second-story housing where the victim and five family members reside, and both the interior of the building of 125 square meters in total floor area, and the household electric appliances, etc. (a total of 6,00

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a fire, a report on the results of field identification, and a report on actual conditions;

1. A written request for appraisal;

1. Records of seizure and the list of seizure;

1. Photographs;

1. Application of certificates of persons with disabilities and Acts and subordinate statutes on medical records;

1. Article 164 (1) of the Criminal Act applicable to the crimes;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the Defendant’s crime of fire-fighting in this case is not only a high risk of public safety and peace, but also a special risk of causing serious harm to life and property due to fire.

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