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(영문) 서울남부지방법원 2014.10.02 2014고합328
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 18, 2014, the Defendant, around 18, 2014, had a son and a horse dispute with the Defendant on the ground that D's act of fraud residing together at the above location, did not have a good place for his father E's birth days.

On July 19, 2014, the Defendant again left the house to avoid a dispute between his/her husband and wife, and his/her wife and his/her husband and his/her wife were able to get out of the house in order to avoid a dispute over his/her marriage, at the above place, at around 23:0 on July 19, 2014, at around 23:24 of the same day, the Defendant, who was suffering from his/her new house located in the living room of the above place, attached his/her strings and other strings to his/her strings, thereby allowing him/her to spread part of 5.41 square meters of the area of the underground floor of the brick structure (hereinafter “the instant house”).

Accordingly, the Defendant destroyed part of the instant house of KRW 11 million at the market price, which is the F owned by three persons, such as E and D, used as a residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and E respective legal statements;

1. Partial statement of the interrogation protocol of the fourth prosecutor's office against the defendant;

1. Statement by the prosecution concerning D;

1. A fire appraisal report in Yangcheon-gu Seoul Metropolitan Government;

1. A report on investigation (Attachment of a field photograph);

1. Investigation report (Attachment to E monetary records);

1. Application of investigation reports (public disclosure prices of houses destroyed by a suspect and attachment of certified copies thereof) (limited to certified copies);

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)

1. The head of the Gu can only have a fact that a cigarette butts were put in a ward in the kitchen, and the head of the Si/Gun/Gu did not let the house of this case by putting a fire into a string, etc. due to a string, etc.

2. On the basis of the evidence adopted and examined by the court, the following is recognized.

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