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(영문) 인천지방법원 2016.05.18 2015고합235
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who served as a bus driver belonging to the victim C.

On December 2, 2014, at around 16:40 on December 16, 2014, the Defendant: (a) drinked in the F bus in the E restaurant parking lot located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) was dismissed by the said company in mind to determine the remainder of the bus that was dismissed; and (c) was removed from the bus so that the bus can be cut off to the front part of the bus in which the Defendant was on the part of the bus.

Accordingly, the Defendant destroyed part of the bus by burning it for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a fire, report on the situation, report on the results of field identification, hearing statements of victims, confirmation of the owners of damaged buses, and comprehensive details of vehicles and vehicles;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Photographs of the damaged bus, fire photographs of damaged vehicles, and photographs of the suspect hospitalized in the hospital; and the application of the Acts and subordinate statutes governing the list of mobile phone calls;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the assertion of the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant and his defense counsel asserted to the effect that the Defendant had a mental and physical weak condition at the time of committing the instant crime.

According to the evidence duly adopted and examined by the court, the defendant can be recognized that he had drank alcohol above the level of normal drinking at the time of committing the crime of this case. However, from the investigation stage, the defendant made a concrete statement by clearly memorying the motive, background, means, and method of the crime of this case, and even in light of the attitude of the act or the attitude of the defendant before and after committing the crime of this case, the defendant's things at the time of committing the crime of this case can change.

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