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(영문) 대구지방법원 2019.05.17 2019고합61
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On November 3, 2018, at around 11:37, the Defendant purchased four butane gas in the vicinity of a dispute with the victim that the victim D (the age of 51) living together, who was living together with the Defendant at the residence of the Defendant of the building B in Gyeonggi-si, Busan (the age of 51) continues to use for mental treatment and was exempted from water, and then purchased the same as the victim, and then released the same butane gas from the nearby marina; then leaked the same in the container of the relevant butane gas into the kitchen-gate “B building” in the kitchen-C; then, the Defendant sent a fire by using a kitchen for one-time use on the leaked but removed the wall and the ceiling of the building B, and destroyed the wall and the outer wall of the “B building” in subparagraph C, the second floor, and the outer wall.

Accordingly, the Defendant destroyed the outer wall of the building “B” owned by the victim E to cover KRW 20 million for repair cost, and destroyed the victim F, the resident of the said “B building”, and the victim F, the household goods owned by G, and the victim D, who suffered injury, such as cardio-recilous 3 Do images, etc. requiring approximately 8 weeks of treatment, and the victim F (54 years of age) and G (55 years of age) suffered injury to the victim H (17 years of age) by causing approximately 17 days of treatment, such as acute infection in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and I;

1. Each statement concerning F, G, and H;

1. A report on the occurrence of a fire incident, a report on 112 reported cases, and a photograph to close a image, a report on fire identification, a medical certificate, and a written estimate related to a fire;

1. Application of each internal investigation report (related to the initial investigation of the reporter, the entry into the J Hospital site, the verification of stud CCTV images), the investigation report (report on the verification of property damage) Acts and subordinate statutes;

1. The first sentence of Article 164 (2) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment stipulated for the crime of causing bodily injury or injury to a structure of each present building, and the crime of causing bodily injury or injury to a structure of present owner or a victim D with the largest criminal situation)

1. Selection of punishment and limited imprisonment;

1. The Criminal Act for mitigation of quantity;

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