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(영문) 대구지방법원 경주지원 2013.11.15 2013고합52

일반건조물방화

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is jointly owned by the defendant, C, and C, and C, and C, and C, and D, were living together in the apartment of the racing, and the defendant requested repair from C, and D, but did not accept the request, but did not have any objection against C and D, and when it was difficult to get up to work due to the bridge, the defendant thought that the above house was rejected.

At around 02:20 on September 12, 2013, the Defendant: (a) made use of a stringer, which was in possession of a string of living information strings stored at the floor of the foregoing housing, to spread to the entire housing with a size of 63.9 square meters in size, which is 63.9 square meters in size; (b) made use of a stringer, stringer and string roof, which was a F-owned building adjacent to the string length, part of a roof among the roof of 59.7 square meters in total floor area of the housing with a string

Accordingly, the defendant had both C and D's joint ownership, which the defendant used as a residence, and destroyed the above house, which is the F's possession, to have approximately KRW 50,200,000,00 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attachment of photographs at the scene of damage), investigation report (Attachment of a written estimate);

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the 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 (The following consideration shall be repeated in favor of the reasons for sentencing);

1. The amount of punishment under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Fire-fighting crimes, general standards, and Type 2 (Setting fire to general buildings, etc.);

(b) Persons subject to special mitigation: Those not subject to punishment;

(c) Scope of recommendations: Reduction area, one year to two years;

3. Determination of sentence: The crime of this case committed for a period of one year and six months suspended sentence shall be deemed to be a large-scale fire.