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(영문) 서울남부지방법원 2014.11.06 2014고합396
현주건조물방화
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2013, the Defendant is a Chinese national ship that has leased a 6 room of the size of 3 square meters in the second floor of the Guro-gu Seoul Building, Guro-gu, Seoul, which is the victim C from April 2013, and resides in the 500,000 won of the deposit from the victim.

On September 14, 2014, at around 00:35, the Defendant: (a) committed self-harm, such as breaking his own trees and knife with the kitchen knife in a contingent house while putting his families in China; (b) attached the clothes, etc. in his possession with the kitchen knife, which were in his possession, and had them once more than 6 houses and 5 houses of the above building in flife.

Accordingly, the defendant, including himself, destroyed part of the building owned by the victim and the lessee of the building used as a residence, which is about KRW 1,500,000.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutorial protocol against the defendant (the defendant alleged that he had no intention to commit fire to the present building, but according to the above interrogation protocol, etc., it can be acknowledged that the defendant was put to the front door after locking the front door before the defendant put a fire. Thus, it seems that the defendant was put to a fire without permission when recognizing the circumstance that the defendant may move to the building at the time of the crime of this case, while recognizing the fact that he could do so at the time of the crime of this case)

1. Statement of the police statement of E;

1. On-site photographs;

1. Guro-gu Rib-dong fire (final);

1. Photographs (knife used by the victim);

1. Application of Acts and subordinate statutes to report on investigation (field investigation, investigation of witnesses, attachment of a list of 112 reported cases processing, hearing of statements by witnesses, hearing of statements by victims and reporting on hearing statements by victims);

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. Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) and the accused.

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