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(영문) 대구지방법원 2013.06.14 2013고합95

일반건조물방화

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 19:00 on January 26, 2013, the Defendant: (a) destroyed the building against which the market price cannot be determined by putting a fire into a remote area by putting the building in a remote area, using a disposable dog that was in possession of alcoholic beverages after drinking, at the mother of the Defendant’s house owned D, around 19:00.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of field identification and replies to the results of identification at the fire site;

1. Application of Acts and subordinate statutes to investigation reports (fields and photographs attached);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. The offense of reason and fire prevention of sentencing under Article 62 (1) of the Criminal Act is highly likely to cause serious danger of public safety and peace, and serious danger of causing serious damage to the life, body, property, etc. of innocent people, and the quality of the offense is not exceptionally specified;

However, in light of all other circumstances, the sentence shall be determined as ordered and the execution of the sentence shall be suspended, taking into account the following circumstances: (a) there has not occurred any loss of human life; (b) the victim does not want the punishment of the defendant; (c) the defendant is opposed to the defendant committed the instant crime; and (d) other circumstances that form the conditions for sentencing specified in the records and arguments in the instant case.