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(영문) 인천지방법원 2013.09.11 2013고합376

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On April 13, 2013, around 18:40 on April 13, 2013, the Defendant: (a) at the Defendant’s house of the Nam-gu Incheon Metropolitan City C apartment 707 Dong, 1502, the Defendant was fluored with women’s friendship, and was fluored with three butane gas air conditioners, and was moved to the dluter’s floor, toilet door, etc. with fire attached to the f,306,300 won. The Defendant destroyed the above 1502 unit to the extent of 6,300 won.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on contracts and estimates;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The sentencing guidelines are not applicable to a crime instituted before July 1, 2013, in which the sentencing guidelines have become effective for the reasons for sentencing under Article 48(1)1 of the Criminal Act for the crime of fire-fighting. The crime of this case is merely fire-fighting to the apartment that he/she resides in by using an inane gas source on the ground that the crime of this case was committed merely on the ground that the crime of this case was committed, and in light of the motive and circumstances of the crime, the nature of the crime is not weak, and the fire-fighting act is likely to pose a large risk to public safety and peace and cause serious danger to the lives and property of many people. In light of the above, the

However, the sentencing conditions specified in the instant case, such as the Defendant’s age, character and conduct, family environment, and circumstances after the instant crime, were taken into consideration, that the Defendant voluntarily reported the 119th immediately after the instant crime and prevented the spread of damage, that the Defendant had no record of punishment for the same kind of crime, and that there was no other record of punishment for the same crime.

Parts of innocence

1. The summary of the facts charged in this case is that the 15th apartment of the 15th floor, which is a structure used by the defendant as a residence, beyond the scope of recognition as indicated in the judgment.