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(영문) 수원지방법원 성남지원 2017.04.13 2017고합37

현주건조물방화

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On January 30, 2017, on the ground that the Defendant was under the influence of alcohol in the domicile of the Defendant and his wife D around 11:30, Sungnam-si, the Sinnam-si, and the Defendant, on the second floor, destroyed part of the inside of the above residence where the Defendant’s family members, including the Defendant, live in the house, by spreading the Chinese alcohol and two weeks ( alcohol content 56 degrees), and the width, which were kept in the house, on the inner floor of the bank, and putting the width on the inner floor of the bank, and then setting the fire into the inner door, and then setting a part of the Defendant’s family living in the same residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Legal and chemical appraisers;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Subparagraph 2 of Article 2-3 and Articles 44-2 (1) and 44-2 (2) of the Act on the Observation, Treatment, Care, etc. of Medical Treatment, Protection, Etc.;

1. Grounds for sentencing under Article 48(1)1 of the Criminal Act and the necessity of medical treatment orders

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] shall be limited to the range of the recommended punishment [the scope of the punishment [the scope of the recommended punishment]. The type 1 (the prevention of fire, such as the main building, the structure of the main building, the public structure, etc.) [the person subject to special mitigation]: Imprisonment for a period from 9 months to 3 years (the area of special mitigation];

3. The Defendant, who was sentenced to sentence, was put to a house in which the household is residing.

This is not easy to commit a crime due to the act of putting a large number of life and property in danger.

However, the fact that the actual damage caused by fire is not significant, D does not want to be punished by the owner of the house where the fire occurred, and the defendant shows the form of recognizing and opposing his crime.