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(영문) 서울북부지방법원 2013.09.13 2013고합175
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 14, 2013, at around 01:30, the Defendant destroyed the building by setting fire to the entire assembly-type building of E, which was located in the Jeon Chang-gun, Jeon Chang-gun, Jeon Chang-gun, by putting the front owner of the building, that F, who did not repay the debt equivalent to KRW 15 million to himself/herself and was in excess of the amount of KRW 15 million, had the former owner of the building go through a false auction, and the building was put in a fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluds,

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement to G and E;

1. A report on internal investigation (with respect to the intended fire-prevention points, specifying the vehicles for use by the search of CCTVs for crime prevention, and attaching photographs to the vehicles for use by the H vehicles);

1. The actual condition survey report;

1. A fire case investigation report;

1. Photographs, each on-site photograph, and CCTV traffic photographs for the purpose of H crime prevention as at the time the site is taken;

1. List of traffic vehicles and details of H traffic (I);

1. Comprehensive details of vehicles;

1. Application of the Acts and subordinate statutes governing the location guidance of fire sites and CCTV;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The summary of the claim of the Defendant and his defense counsel regarding the argument of the determination of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is that, in order to verify whether there are machinery or goods in the factory, the Defendant intentionally imprisoned a glass window to check whether there are any machinery or goods in the factory, and confirmed the factory proposal by attaching a fluorg to the newspaper site, while under the influence of alcohol, and caused a imprisoning the attached newspaper site while

The Defendant, while under the influence of the instant crime, was in a state of mental disability.

Judgment

The above evidence and its evidence acknowledged as follows, namely, if the defendant caused the danger of fire to the factory by negligence, he/she also recognized that the possibility of fire would occur if he/she caused the danger of fire to the factory.

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