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(영문) 서울남부지방법원 2020.03.18 2019고합452
일반물건방화
Text

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

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

Reasons

Punishment of the crime

The defendant at around 19:10 on September 30, 2019, stated in the B indictment of Gangseo-gu Seoul Metropolitan Government as Ddong, but seems to be a clerical error in the E consent.

In front of the defendant's residence, the victim C, who is the next resident of his house and the next house, loaded the car center wastes in a space to string oil, etc., and installed a string with the stop, and destroyed the vinyl cover and oil type owned by the victim, which was located in the above space.

Accordingly, the defendant set fire to the general goods owned by others and caused public danger.

Summary of Evidence

1. Statement to C by the police;

1. A written statement;

1. Investigation reports (Analysis of CCTV images around the site of occurrence) and reports on the results of field identification;

1. Application of the Acts and subordinate statutes governing the video-recording photographs of the CCTV around the scene of occurrence, and the Acts and subordinate statutes governing the video-recording of CCTV around the scene of creation;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)

1. The Defendant and his defense counsel asserted that the instant facts charged cannot be memory because the Defendant suffered alz’s disease, thereby denying the instant facts charged.

However, considering the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, the fact that the defendant destroyed the general goods owned by the victim as stated in the facts charged and caused public danger can be sufficiently recognized.

(1) Examining each image of closed circuit television, parked vehicle black boxes, and cellular phone images, one adult male goes at the defendant's house and enters the house of the defendant again after leaving an object with a fire at the date and time, place of charge, and place.

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