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(영문) 광주지방법원 순천지원 2013.09.26 2013고합125

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

Criminal facts

The Defendant is a foreigner of Indonesia who entered the Republic of Korea on June 11, 2013, who was issued a visa with the status of stay engaged in fisheries on May 28, 2013.

At around 08:00 on August 2, 2013, the Defendant had a mind that the Defendant would be able to commit a physical work at a line located in Goung-gun, Goung-gun, Goung-gun, and could not work properly, and that the Defendant would be able to commit a fire to D and his family members’ residence several times from his employer.

At around 08:40 on the same day, the Defendant opened a lid of gasoline lid at the left side of the 1st floor parking lot in the Da in the Yaeung-gun E, and installed fire by using a log in the paper that he prepared in advance, and caused the fire to spread to other gasoline lids, warehouse walls, floor, etc.

Accordingly, the Defendant destroyed the amount of KRW 29,474,00 at the market price, such as 110 square meters in storage of a structure that D et al. uses as a residence, and its net net.

Summary of Evidence

Defendant’s legal statement

D. The reason for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution of the Criminal Act (the favorable circumstances stated in the following reasons for sentencing), Article 53 and Article 55(1)3 of the Criminal Act for the application of each police statement of statement to the F on-site identification report, the pertinent Article of the Criminal Act for the crime subject to the application of field photo Acts and subordinate statutes, and the discretionary mitigation of punishment

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

2. Scope of the recommended sentence according to the sentencing criteria: Imprisonment with prison labor for two to five years (determination of a type), fire prevention, general standards, Type 1 (Setting fire, such as present main building, fire prevention of public structures, etc.) (the scope of the recommended area and the recommended range), basic area, and two to five years.

3. The crime of this case, which was sentenced, is likely to pose a serious risk of undermining public safety and peace, and thus, may cause serious danger and injury to neighbors' lives and property.