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(영문) 광주지방법원 2013.09.11 2013고합287

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 February 20, 2013, at the second floor located in Gwangju Metropolitan City, Nam-gu, Seoul Metropolitan City on February 20, 2013, the Defendant brought a dispute with the victim's wife D (Woo 50 years of age) and children care and the use of basic supply and demand expenses. At around 16:00 of the same day, the Defendant sent the victim's three soldiers to Eus in the vicinity of the above house, and at around 18:12 of the same day, the Defendant returned to the second floor of the above house and returned to the second floor of the building by attaching a fire to the inner wall of the building.

As a result, the Defendant: (a) destroyed the said house that the victim F (V, 74 years of age) used as a residence on the first floor; and (b) the victim D et al. used as a residence on the second floor with approximately KRW 12,060,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and D;

1. Application of Acts and subordinate statutes to each field photograph, on-site identification report, reports on results of each investigation cooperation request, replys to a request for cooperation, meetings on the results of identification at the fire site identification, and meetings, reports on requests for appraisal, and written estimates;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type), fire prevention, general standards, type 1 (Setting fire to the present main building, etc., and setting fire to the public structures, etc.) (special-sponsor): In cases where punishment is not granted or considerable damage has been recovered (the scope of the recommended sentence), the area of mitigation of punishment, one year and six months of imprisonment or three years of imprisonment;

2. The criminal act of this case committed by the defendant who has a heavy risk of undermining public safety and peace is likely to cause serious harm to the lives and property of many citizens, and the criminal act of this case led to the confession of the facts charged of this case and his mistake.