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(영문) 대구지방법원 김천지원 2017.05.16 2017고합23

현주건조물방화

Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant resided with Kimcheon-si apartment C, 101 Dong 309, and was treated with symptoms such as depression from around 2008, while residing with D and E, parents.

On March 2, 2017, the Defendant: (a) around 11:20 on March 2, 2017, at the door of the above residence, sent a door to the door of the newspaper with a gas camera, which had been accumulated two pages of the newspaper site, on the ground that he did not pay money; (b) attached a door to the door of the newspaper; and (c) caused the Defendant to spread the door to the inner floor, the wall, and the total area of the 309 square meters (total area of 59.67 square meters).

As a result, the Defendant destroyed the amount of KRW 1,50,000,000,000,000 of the D's market price being used as residence by D and E, with only apartment housing equivalent to KRW 62 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and a report on the results of field identification [the facts charged do not state the degree of fire, but can be acknowledged that the above apartment building was destroyed by “as much as 1.5 million won for repair,” according to the above evidence, the facts charged are corrected and recognized as criminal facts.]

Application of Statutes

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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

2. Where the scope of the recommended punishment on the sentencing criteria [the types of punishment [the scope of the recommended punishment] is the type 1 (the prevention of fire, such as the suspender building, etc., the prevention of public structures, etc.] [the person subject to special mitigation], the area of mitigation, the area of mitigation, the scope of the recommended punishment], the area of imprisonment with labor for a year and six months or three years.

3. Sentence;