현주건조물방화
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Criminal facts
On December 25, 2013, at the defendant's house located in 05:50 on 05:50 on 25, 2013, the defendant tried to destroy the television in the ward without labor, while he was breading the wife D, son E and son E, who were under the influence of alcohol and were in a usual fire fighting relationship.
Since E is the subject of restraint, all of the people "ba. b. b." have become the subject of restraint.
Although the Defendant: (a) even though D and E had a possession of the article outside of the house, the Defendant saw the gas supply tubes connected to the gas of the kitchen in a knife or with a knife; (b) but did not cut back.
However, the defendant had a fire in the living room by using a dog, and had been removed from the house, and the fire that was inflammable from the living room was 66 square meters in total.
Accordingly, the Defendant destroyed one debt worth KRW 5 million at the market price used by D and E as a residence.
Summary of Evidence
Defendant’s legal statement
E, the reason for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution of the Criminal Act (the favorable circumstances presented in the following reasons for sentencing) Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation of the amount of punishment pursuant to Article 164(1) of the Criminal Act (the choice of imprisonment with prison labor), which is applicable to on-site photographs, on-site photographs and criminal facts subject to the law applicable to the on-site photographing statutes at the time of the dispatch of each police’s written statement of statement by
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. Scope of the sentencing guidelines: Imprisonment with prison labor for a year and six months to three years (the determination of a type), fire prevention, general standards, type 1 (Setting fire to Present Living Building, etc., and public buildings, etc.), in cases where punishment is not granted or considerable damage has been recovered (special mitigation) (the area of recommendation and the determination of a sentence of recommendation), in the mitigated area, one year and six months to three years;
3. The crime of this case, which is determined by the sentence, is likely to pose a serious danger to the public safety and peace, and thus, the life of neighbors.