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(영문) 서울북부지방법원 2015.09.25 2015고합188
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person living in the first floor of the victim D in Dongdaemun-gu Seoul Metropolitan Government, 2, 2, 3 households on the second floor, and 1 household on the third floor among multi-household houses in which one household is living together with the victim.

At around 11:35 on May 13, 2015, the Defendant had a dispute with the victim while drinking together with the victim at the inside of the victim's house on the first floor of the above housing, and discussed the complaint against the victim in ordinary sense.

At around 12:48 on the same day, the Defendant sent a phone to the victim for the reason that the victim got out of the house while disregarding himself/herself, and she went out of the house, but the victim said that "I would go out of the house" but she called "I am as math". However, the Defendant attached a fire to the one-time stop used by the victim in the room and attached it to the one-time stop, and had him/her spread all of the first floor of the house, including the one-time door and the small door door.

As a result, the defendant destroyed the victim's house owned by the victim to be used as a residence, which is approximately KRW 7,959,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigation report (Attachment of investigation report on a fire site);

1. Details of 112 reported cases, application of Acts and subordinate statutes to photographs of fire scenes;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

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. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") are asserted to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of committing the crime, and thus, according to the evidence duly adopted and examined by this court, the defendant was committed at the time of committing the crime.

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