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(영문) 인천지방법원 2017.10.19 2017고합468

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was residing in the 1st floor of multi-household housing located in Nam-gu Incheon Metropolitan City, and the above multi-household housing was living in the 2nd floor, including the Defendant, two households living in the 1st floor, including the Defendant, and the victim D, the multi-household housing owner, were living in the 2nd floor.

On May 29, 2017, the Defendant, at the Defendant’s residence where the first floor of the above multi-household house is located at around 02:10 on May 29, 2017, take the paper inside the garbage breacing.

The fire was moved to a string floor board, a remote area, a ceiling, etc. by attaching a fire to a stringer.

As a result, the defendant destroyed that the above multi-household house owned by the victim D et al. is equivalent to 15,700,000 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each police investigation report (to attach a video recording material ofCCTV and a character estimate) and the accompanying material thereof;

1. A report on the results of field identification and on-site identification photographs;

1. Application of Acts and subordinate statutes to fire site surveys;

1. Article 164 (1) of the Criminal Act applicable to the facts constituting an offense (opportune of imprisonment with prison labor);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment for the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] that there is no type 1 (the prevention of fire, such as the main building, the structure of public use, etc.) [the scope of the recommended punishment] (the territory of recommendation and the scope of the recommended punishment], two years to five years

3. Determination of sentence: The crime of this case for two years by imprisonment is likely to undermine public safety and peace and to cause serious damage to a large number of life and property if any, and the crime of this case is not good, and the defendant committed the crime of this case during the suspension of execution due to violent crimes.

On the other hand, the victim et al. have been rescued safely, and the defendant did not cause harm to human life.