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(영문) 광주지방법원 2014.01.09 2013고합518
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The Defendant was hospitalized into the hospital to allow D (the wife of the Defendant) to receive treatment for alcohol addiction. However, D was not immediately responding to D’s request, on October 23, 2013, on the ground that D’s request was not immediately heard, and the Defendant and D cut off the strings connected to D’s house, which were located in B’s house, with the Defendant and D’s house, into the knife knife, and divided the liquefied petroleum gas into gas that was carried, and divided into the string (proof No. 1) and emitted the liquefied petroleum gas into the string (proof No. 1).

As a result, the Defendant destroyed a structure (including movable property in a structure) used as a residence by the Defendant and D, which is worth KRW 14,238,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Report on the results of fire-fighting;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (No. 6, 7) (Evidence List No. 6);

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

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

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

1. The crime of this case is very bad in the quality of the crime that the defendant committed a fire in his house used as his house and his wife, and the defendant distributed gas well connected to gas bags, and was fired in a dangerous and dangerous manner by attaching fire. The crime of fire prevention is highly dangerous in terms of the fact that the crime of this case can cause serious harm to the life and property of a person with no risk, and the amount of property damage is a factor that is disadvantageous to the defendant.

On the other hand, the defendant recognized the facts charged of the instant case, and even without any harm to human life or neighboring property due to the fire prevention crime of this case, and the defendant's chronic alcohol.

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