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(영문) 의정부지방법원 고양지원 2017.04.28 2017고합37
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

The defendant is a person who lacks the ability to discern things or make decisions due to mental or physical disorder, such as stimulative disorder, and suffering from mental fissiona of symptoms of stimulic disorder.

Around November 10, 2016, when the defendant lacks the ability to discern things or make decisions due to mental or physical disorder as above, the defendant was transferred to the influence of the main floor and the influor by attaching a fire to the gas fluor located in the main room of the defendant's wife D and the apartment E, the house of D, which is the house of the defendant's wife D and D, in the ancient city, around 03:05 on November 10, 2016.

Accordingly, the defendant, who is used as a residence, destroyed that the defendant's 601 apartment house, which is owned by D, was destroyed so as to be influence of restoration expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a fire, a report on the results of field identification, and each investigation report (the confirmation of additional victims, and confirmation of the number of people to be emitted);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. The scope of punishment by law: Imprisonment with prison labor for September and July; and

2. The range of applicable sentences according to the sentencing guidelines [the scope of recommended sentences] the general criteria for fire prevention [the person subject to special sentencing] type 1 (the prevention of fire, such as the main building, etc., and public structures, etc.) [the person subject to special sentencing] mitigated elements: In cases where mental and physical weakness (no one is responsible for him) (the person subject to general sentencing) are not subject to punishment, or where considerable damage has been restored to a certain part (the person subject to general sentencing): The mitigated factors: The range of punishment [the person subject to special mitigation of punishment] There is no serious reflect or criminal punishment [

3. Determination of sentence: Imprisonment; and

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