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(영문) 서울남부지방법원 2017.10.26 2017고합360
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Criminal facts

The Defendant was registered as a person with mental disability of class III on February 1, 200. From March 7, 2017 to June 22, 2017, the Defendant received medical treatment from the “Dental Care Center” located in Gyeonggi-do C due to early illness, etc.

On July 18, 2017, around 13:10, the Defendant, at the residence of the Defendant, at No. 1104, 1005, 1005, and 1205, sent a fire to commit suicide in a state that the Defendant lacks the ability to discern things or make decisions by decision by intention due to the change of things and the tidal disease, etc., and put a bron on the inner bed on the inner bed part of the inner bed, which was used in a usual room, and put the fire above the above fluor using the fluor with a fire attached to the fluenth floor, the entire 1104, 104, 1105, and the window and window frame, 1205, and the air conditioner outside the air conditioner room.

As a result, the Defendant laid fire by setting fire to a large number of apartment residents, which is a building owned by the SH Seoul Housing and Urban Corporation, to ensure that the amount of KRW 10,89,00,00, such as repair expenses, etc. is equal to KRW 10,89,00,00, 105, 1105, 1105, and 1205.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement of H and I;

1. Police seizure records;

1. Each photograph;

1. A investigation report (the attachment of a written estimate for damage and confirmation of the intention of punishment) and a written estimate, cost invoice, a detailed statement, and details of calculation attached thereto;

1. Application of investigation reports (attached documents, such as a suspect's certificate, a certificate of disabled persons, a certificate of entrance and discharge), a certificate of disabled persons, a certificate of retirement, a request for cooperation in investigation, a certificate of entrance and discharge, a medical record, and a certificate of recipients

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines [type determination] shall be subject to the general criteria for fire prevention (Setting fire to the main building, etc., fire prevention, public building, etc.) of the type 1 (the special sentencing factors) (the person who is subject to the special sentencing).

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