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(영문) 대구지방법원 영덕지원 2017.09.14 2017고합15
현주건조물방화
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

On March 2, 2017, the Defendant: (a) neglected the ability to discern things or make decisions due to mental illness, such as depression and editing and coloned illness; (b) neglected the ability to discern things and make decisions; (c) committed suicide by putting a new disease in the house at the house of father D located in Gyeonggi-gu Seoul Metropolitan Government; (d) attached a stop between D and the Defendant’s East E, which was put a stop into a later between D and the Defendant’s East E; and (d) laid off the main wall of a laund, which was laid into a laundry and was laid into a laund, and destroyed the said house so that damage equivalent to KRW 10 million in total, such as the house and the house, may occur; and (e) destroyed the existing structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a building at the present place, report on internal investigation (Attachment to field photographs, etc.), report on the results of field identification, investigation report (Attachment to a copy of medical records, etc.);

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. 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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, subparagraph 1 of Article 2-3, and Article 44-2 (1) of the Medical Care, Custody, etc. Act, for the observation of protection and medical treatment orders;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to September, up to seven years and up to June;

2. Application of the sentencing guidelines [the types of decisions] set forth in Category 1 (Setting fire to the present main building, setting fire to public structures, etc.), [the elements of special sentencing] mitigation: The mental and physical weakness (no one is responsible for him/her), the elements of mitigation of punishment (the person who is in charge of general sentencing): No history of criminal punishment (the scope of recommended punishment); Special mitigation area of punishment; imprisonment from September to three years;

3. Determination of sentence: Imprisonment with prison labor for one year, and the crime of this case for two years of suspended sentence is a fire to the inside of the house in which the father D and Dong E live, and the life and property of adjoining neighbors are serious.

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