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(영문) 제주지방법원 2013.05.02 2013고합48

현주건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who had been accommodated in Jeju from about 305 to about 8 years of “EMoel” operated by D in Jeju City.

On February 23, 2013, at around 03:15, the Defendant, at around 03:15, attached the clothes attached to the clothes 16.5 square meters in total and 33 square meters in total in total in a size of 16.5 square meters to the three-story.

Accordingly, the Defendant caused property damage equivalent to KRW 6,253,00 by setting fire to the entire 305 Macurine and part of the 3rd floor of the Macurine where 15 foreign guests exist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Comprehensive report on fire occurrence;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

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 ( repeatedly considering the favorable circumstances);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act of probation and community service order and Article 59 of the Act on Probation, etc. was committed by the defendant, on the grounds that the crime of this case was committed by the defendant, by setting fire to the guest room, and setting fire all or part of one guest room and corridor, which was administered by him, may cause serious damage to the life and property of the large number of guests who are living together with a large length.

However, the defendant committed the crime of this case in a deep depth, and the defendant committed the crime of this case in a contingent manner with his wife, and then tried to minimize fire damage, such as making efforts to extinguish fire rapidly to other guests' inside, and informing the Mour operator of the occurrence of fire, and even if they committed the crime of this case, human life damage caused by the crime of this case.