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(영문) 창원지방법원 마산지원 2014.07.23 2014고합37

현존건조물방화치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

At around 14:50 on December 19, 2013, the Defendant was living in the house owned by the victim D in Changwon-si, Changwon-si, Masan-si, Seoul, in a monthly manner. While drunkly, the Defendant saw that, under the influence of alcohol, a woman who seems to have been at least 30 to 40 under the influence of alcohol was unable to meet the intent or ability to discern things, he was living in the house owned by the victim D, who was in the Changwon-si, Changwon-si, Seoul., the Defendant saw that he was unable to repair the Defendant in the state of her snow while she was living in the state of her eye, and even though she did not come up with her body, the Defendant added the entire house to which she was in possession in order to cause the death of her body.

As a result, the Defendant transferred the house of 25 square meters in the place of residence in other persons and the house of 25 square meters in the market, and caused the victim E (59 years of age) residing in the next bank to feel a threat to his life and going out of the house, thereby resulting in approximately 6 weeks of treatment to the victim, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D, E, and F;

1. Application of the Acts and subordinate statutes stated in the report on the occurrence of a fire, internal investigation report (field search and investigation), written appraisal and commission, and criminal investigation report (Attachment of photographs taken with a fire site);

1. Article 164 (2) and (1) of the Criminal Act applicable to the facts constituting an offense and Article 164 (1) of the Election of Imprisonment;

1. Article 10 (2) and (1) of the Criminal Act, Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The range of recommendations based on the sentencing criteria: Imprisonment for two and half years (the range of recommendations), from six months to five years (the scope of recommendations), from the main building, etc., the injury or death resulting from fire, such as the main building, shall be reduced by two years and six months from the mitigation area.