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(영문) 광주지방법원 순천지원 2013.08.22 2013고합102

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 this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 01:00 on June 25, 2013, the Defendant made a statement to the effect that “I am fy, if you come to fy, we do not see it. I am fy, we do not see it. I am fy. I am fy, we do not see it.” On the front of the house, the Defendant brought oil from gasoline in a warehouse, added gasoline to the front floor of the above house, added it to a new string of the building through a new string of the fym.

Accordingly, the Defendant destroyed the house of 112,000,000 won which was used as a residence by the Defendant.

Summary of Evidence

Defendant’s legal statement

Article 164(1) of the Criminal Act (Optional Selection of Imprisonment) Article 53 and Article 55(1)3 of the Act on Discretionary Mitigation of Sentence 164(1) of the Act on the Punishment, etc. of Specific Crimes, which provides that the crime of this case is committed on the grounds of sentencing under Article 62(1) of the Criminal Act (wholly favorable circumstances presented in the grounds for sentencing below) of the Act on the Suspension of Execution of Sentence 62(1) of the Criminal Act, is highly dangerous to a crime detrimental to public safety and peace and may cause serious harm to the lives and property of many people, because the crime of this case is highly likely to cause serious danger and injury to public safety and peace.

However, the fact that the defendant recognized the crime of this case and is against depth, that the defendant seems to have committed the crime of this case in a breath state while drunkly after the defendant proved D, that human life damage was not occurred, D and E (the owner of this case as the defendant's children) and village residents complain of the defendant's wife against the defendant, and that there was no other criminal records in addition to the fine before being fined, considering the circumstances favorable to the defendant, as well as the fact that the defendant has no other criminal records.