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(영문) 광주지방법원 2015.02.06 2014고합363
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, after purchasing 1.5 liters from D located in Gwangju Mine-gu, Gwangju Metropolitan City on May 24, 2014, purchased 1.5 liters and stored in the house in a mountain room at the new wall time, in the state that: (a) the Defendant lacks the ability to discern things or make decisions due to a non-regular telegraph division, such as hearing the audience that he/she would kill himself/herself; (b) the intent of the surrounding people to refrain from returning to his/her horse; and (c) the intent of the surrounding people to concentrate this item by burning an automobile; and (d) on May 24, 2014, he/she purchased 1.5 liters from D located in Gwangju Metropolitan City, Gwangju Metropolitan City, and stored in the house in a mountain room.

On May 25, 2014, at around 01:40, the Defendant discovered two Nana-Upn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn Ln-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

The Defendant destroyed two cars worth KRW 29 million in total with the market price of F and H owned by the Defendant by setting fire as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes to a investigative report, investigative report (Attachment of damaged vehicles and field photographs), investigation report (Attachment of a photographic photo of a criminal scene), investigation report (Attachment of a photographic photo of a black box in which the criminal scene is recorded), investigation report (Attachment of a diagnosis document), investigation report (Attachment of a written agreement); and investigation report (related to attachment

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. As to the assertion of the defendant and his defense counsel under Article 48(1)1 of the Criminal Act of confiscation, the defendant and his defense counsel had the ability to discern things or make decisions at the time of the crime in this case.

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