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(영문) 전주지방법원 2016.04.15 2015고합201

현존건조물방화

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant, who was in an influent infinction in Yansan-gu, Jeonju-si, had been in a room. He did not go to the past that he forced him to be hospitalized into a mental hospital in the mental hospital, and did not go to the past, but did not receive any wage even though he had been given a work for three months from the "F" restaurant operated by the victim E, and did not receive any wage.

around 17:40 of the same day, the Defendant purchased 10 liters plastic water from “H” located in the same Gu G as the above in G, and purchased about 6.7 liters in “J gas station” located in the same Gu I, and stored them in the above plastic water tank.

At around 18:35 on the same day, the Defendant entered a “F” restaurant operated by a person suffering from damage to K in Y in Y in 18:35 on the same day, and destroyed the said restaurant, etc. to ensure that the sum of repair costs is approximately KRW 160,000,000,000, by putting the gasoline purchased as above to the floor of the site, and putting the gasoline purchased as above up to the floor, and putting it up to the entire appurtenant buildings of 50 square meters and 20 square meters in length.

Accordingly, the defendant set fire to the existing building by setting fire to the victim and his employee L.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement protocol with respect to E or L;

1. Each report on investigation;

1. Application of the statutes on site photographs, fire identification photographs, and the records thereof;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 164 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Application of the sentencing criteria [the types of decisions] There is no type 1 (Setting Fire to the main building, etc.) [No person in charge of special sentencing] (the decision of the recommended territory].