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(영문) 광주지방법원 해남지원 2019.09.04 2019고합27

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant constructed a house on the land owned by the Defendant in Jeonnamdo-gun, and lived together with C, the wife of the Defendant.

On May 26, 2019, at around 17:30, the Defendant: (a) had fightinged with the former C and his husband and wife, and then had fightinged with his own belief that it would be better to go to prison by burning in the tea house; and (b) had string gas bags in the kitchen in the place where the Defendant had been put in the kitchen, and had string off the boom, which had been put out by the Defendant, and then destroyed the entire housing by putting the string and the method of pressing the string of the string between the inner and the living room.

Accordingly, the Defendant destroyed the housing owned by the Defendant, which is a building used by a person as a residence, to be in excess of KRW 47,624,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. On-site photographs and photographs of seized objects;

1. A fire site survey report;

1. Application of Acts and subordinate statutes to entire registered matters;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) [the scope of recommendations] according to the sentencing criteria, [the category 1] the general criteria, the prevention of fire, such as suspender buildings, etc., the public structures, etc. (the special sentencing factors] mitigation factors: Where punishment is not granted or considerable damage has been recovered (the area of recommendations and the scope of recommendations), mitigation area, one year and six months through three years;

3. Determination of sentence: A year and six months of imprisonment with prison labor, and two years of a stay of execution led to a large amount of property accidents which require large repair costs as a result of the fire prevention of a house used by a person as a residence, and could lead to a large amount of accidents of life.