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(영문) 제주지방법원 2017.02.16 2016고합159
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 July 7, 2016, the Defendant was sentenced to two years of suspension of execution on the 15th of the same month by obstructing the performance of official duties at the Jeju District Court, and the said judgment became final and conclusive.

On May 15, 2016, the Defendant: (a) around 01:13, in the house owned by the victim D, the father of the Defendant, who is the father of the Defendant, who is his father, and (b) on the ground that the victim E, a female student of the Defendant, without permission of the Defendant, moved an article into the above house, which the Defendant lives without permission, and transferred to live, he stored the article, such as the victim E’s clothes, clothing, books, etc. in the above house; and (c) put them into the same article with a dog he was in possession.

At the time, the Defendant resided in the victim E's removal of the victim, and he stored it in a place not far away from 1 to 2 meters away from the separate house, and thus, in the event of attaching a fire to the above removal, there is a risk of moving it to separate house. As such, the Defendant has a duty of care to take measures such as transferring it to a place where there is a sufficient distance from the house separate, or monitoring to keep it out after attaching it, to keep the process.

Nevertheless, the defendant, without taking any measure, carried a fire into the above house, left the separate house, and left the house, and neglected it, and let the above house, which was attached to the separate house, spread to the sponsor of the above house.

Accordingly, the defendant destroyed the victim E's object to cause public danger, and at the same time, the defendant uses it as a residence by gross negligence, and burns the separate house of the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (Report on fire fighter G telephone conversations between the fire fighter and the fire fighter of this case);

1. A report on the results of each on-site photo and field identification;

1. 112 Reporting case handling table;

1. Previous conviction in judgment: Criminal history, etc.;

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