(영문) 부산지방법원 2008.4.4선고 2008고합75 판결

A defendant shall be punished by imprisonment with prison labor for not less than two years and six months. 72 days of detention before the sentence is rendered shall be included in the above sentence.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive. The probation and community service for the accused shall be ordered for two years.

Reasons

Criminal History Office

At around 21:00 on January 22, 2008, the Defendant drinked to drink B, C, and alcohol in the restaurant located in the Busan-dong, Busan-gu, Busan-do, and frequently drinked from the victim D of the Defendant’s father, and took a telephone to the effect that the Defendant is late in returning home, and in mind, 1.5 liter purchased from the mutual mar in front of the above restaurant did not put the Defendant into the Defendant’s residence, and 21:20 on the same day, 3 liter purchased from the gas station located in the Busan-gu, Busan-gu, Busan-do, and 21:20 on the same day, 3 liters were put into the Defendant’s residence.

At around 21:30 on the same day, the Defendant listened to sight that he was able to drink alcohol from the above D and returned late at the Defendant’s residence, and sprinked to three heads, and dumped the gasoline in the entrance and exit of the Defendant, which was prepared as above, and burned it into gasoline for a single-use engine, and destroyed the house by making the said D sprink, door board, inner wall, and ceiling, and thereby, the Defendant suffered three-dimensional images of the face, which require approximately two months of medical treatment, and three-dimensional images, which require approximately six weeks of medical treatment, from the above E.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

Article 164(2) and (1) of the Criminal Code

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on the crime of causing bodily injury to the present building)

1. Selection of punishment;

Optional of limited imprisonment

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (in this case where the victim's parents have the character of domestic violence case, taking into comprehensive account the following factors: (a) the victim's parents complain of the defendant's wife; (b) the defendant suffered serious video damage as a result of this case; (c) the defendant suffered serious video damage; (d) the defendant has his depthed; (d) the violation of the Road Traffic Act, except for the punishment for a fine once due to the violation of the Road Traffic Act, there is no special criminal record for the defendant;

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act ( considered the grounds for discretionary mitigation, etc.)

1. Probation and community service order;

Article 62-2 of the Criminal Act