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(영문) 의정부지방법원 고양지원 2016.05.27 2016고합23

현주건조물방화치상

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On February 9, 2016, the Defendant, at around 12:05, 12:05, thought that the Defendant did not refuse to live in the world, was able to attach a fire in his house under the influence of alcohol in accordance with subparagraphs C and B03, Seoyang-gu, Seoyang-gu, one’s place of residence.

The Defendant: (a) attached a fire to a stop and caused the fire to spread to the house b03 inside the said house; and (b) destroyed the said multi-household building, which is used by 15 households as a residence, to be repaired to the extension of the third floor of the said multi-household building; and (c) the market price of the said building.

Accordingly, the defendant victim D (n, 72 years of age) residing in the above housing No. 202 caused injury to the victim D (n, 72 years of age) of the above housing for about 2 weeks, such as the addiction of carbon in need of treatment for about 303 weeks, and the victim E (n, 58 years of age) residing in the above housing No. 303 suffered injury to the damage of carbon in need of treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, and H;

1. Each medical certificate of D and E;

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

1. Application of written estimates and a detailed statement of construction works to statutes;

1. Article 164 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment against a person who has committed a crime causing bodily injury or injury resulting from a fire to the present building against a victim D with a heavier punishment);

1. Selection of alternative abandonment of punishment;

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 law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria does not present the processing criteria according to the sentencing criteria. Thus, the sentencing criteria are not applicable to this case, but it is necessary to refer to the sentencing criteria in comparison with the case where the present owner's structure or fire-prevention crime is one crime. Thus, the scope of the recommended punishment according to the sentencing criteria are examined below.

[Determination of type] Fire-Fighting Crimes 03. Injury or death caused by fire, such as the suspender building, etc.