현주건조물방화
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 becomes final and conclusive.
Punishment of the crime
On January 1, 2017, around 00:55, the Defendant: (a) laid the elevator to board the victim’s D and guests’ name in Yasan-si, where there are victims and guests, and (b) laid the elevator to board the victim’s management 601; and (c) laid the elevator on the third floor to board the wall of the third floor of plastic, electric wires, electric lines, etc., which are building materials located there, and then moved the above apartment building to the wall of the third floor stairs by attaching a fire to it.
Accordingly, the defendant destroyed a building in which people are present.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or F;
1. Each investigation report (including the documents attached Nos. 9, 10, 11 and 11 of the evidence list);
1. Arrest report of the occurrence of the case and report of internal investigation (at the time of dispatch to the site and investigation of the suspected victim into the other party);
1. Application of Acts and subordinate statutes, such as field photographs, field photographs, and field 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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. Application of the sentencing criteria [the types] general criteria for fire prevention [the determination of types] Class 1 (the prevention of fire, such as the suspender building, etc., and the prevention of public structures, etc.] - Where actual damage is minor: In the event that actual damage is minor, where punishment is not imposed or considerable damage is recovered, the area of special mitigation [the scope of recommendation] - September or three years; and
3. The instant crime committed by the Defendant, without any particular reason, can be said to be destroyed by setting fire to the apartment in which many guests live in the middle of the night, and if so, it may cause serious damage to the lives and property of a large number of people.