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(영문) 대전지방법원 2013.10.24 2013고합322

현주건조물방화치상

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant was living together with the victim C (V, 48 years of age) and about 12 years prior to the end of 2012, and lived again with the Defendant from the end of the Daejeon-gu Incheon Metropolitan City D Apartment 101 Dong 216.

At around 23:40 on March 16, 2013, the Defendant: (a) while she was in dispute with the victim in the dwelling space located in the above No. 216 on March 23:40, 2013, the Defendant: (b) stated the Defendant that “the victim was able to do so, but she was able to do so, she was able to do so; and (c) brought the door to a locker; (d) brought about the 1liter plle of a liter that was kept in the new gate; and (e) 200 meters of the width in the city located in the dwelling room around the inner entrance and the living room; (e) sent the bomer, spath, and the inner entrance attached to the entrance of the victim who was in possession; and (e) brought about approximately 53 days to the victim’s fee and fluor, thereby resulting in the victim’s loss and fluorial loss for about 53 days.

As a result, the Defendant destroyed the floor and wall surface of the living room, the wall, the entrance door of the entrance, etc. of the above 216, which is part of the above apartment used by a total of 267 households for residential purpose and caused the

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to on-site identification reports, field photographs, investigation reports (verification of the degree of injury of a victim C, etc.);

1. Article 164 (2) and (1) of the Criminal Act applicable to the facts constituting an offense and Article 164 (1) of the Election of Imprisonment;

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

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 15 years;

2. Application of the sentencing criteria (decision of type): Fire-fighting crime, fire-prevention injury or death, such as suspender building, etc., and Type 1 (Bodily Injury or Injury resulting from Fire-Fighting of Present Living Building, etc.) (Scope of recommending punishment), from 4 years to 7 years (basic area).

3. Determination of sentence: The four years of imprisonment with prison labor has deteriorated with the victim who is the wife, and the defendant has spread the flammable substance that has been prepared in advance to the ward, etc. in apartment houses.