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(영문) 인천지방법원 2013.11.27 2013고합366
현주건조물방화등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in this case, the main building and fire prevention reserve is not guilty.

Reasons

Punishment of the crime

On March 1, 2013, the Defendant: (a) around 11:00, in the Bupyeong-gu Incheon metropolitan apartment owned by the Defendant (hereinafter “instant apartment”); (b) the Defendant stated that D’s wife “I ambling off” to the Defendant’s Chohn, son, son, son, and son and son, who had resided in the instant apartment after the husband’s fighting with the divorce, and lived together with D’s her wife after the husband’s war; (c) was under the influence of the Defendant’s telephone without the Defendant’s telephone contact; and (d) he stored D’s clothes, etc. on the floor of the ward; and (d) distributed gasoline to the Defendant’s Cho F, who was in contact with the Defendant’s mother, and found the instant apartment.

At around 04:30 on March 2, 2013, the Defendant, even though he was willing to do so in the apartment of the instant case, was under the influence of alcohol that D would not get contact with the house. However, the Defendant, as seen above, destroyed the Defendant by setting the wall of the instant apartment by putting it in the clothes he was put to the wall of the instant apartment and the household gate, etc., so that it would require approximately KRW 49 million for repair expenses.

Accordingly, the defendant set fire to the building owned by the defendant and destroyed the fire, thereby causing public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of each police suspect interrogation protocol against the accused;

1. Legal statement of witness D;

1. The police statement concerning G and F;

1. Mobile phone list photographs, field identification reports, fire site photographs, meetings of fire appraisal results, photographs of confirming whether gas sirens have leaked gas leakage, and estimates;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. The defendant and his defense counsel's defense counsel's defense over the pertinent Article of the relevant criminal facts and Article 166 (2) and (1) of the Criminal Act of the choice of punishment (elective of imprisonment) concerning the defendant's defense counsel's defense counsel's defense against the crime of this case.

The conviction in a criminal trial leads to a judge's conviction that the facts charged are true to the extent that there is no reasonable doubt.

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