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(영문) 대구지방법원 안동지원 2017.05.11 2017고합1

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 28, 2016, the Defendant: (a) among the company houses owned by D, Co., Ltd., Ltd., Ltd., which are located in C, the Defendant and his husband, live together; (b) around 05:30 on the same day, the husband E, who was not good between the Defendant and his husband, was able to drive away from the residential area; (c) upon the police officer’s report of Lao E, he thought that the police officer was a police officer, and (d) he thought that he was a police officer, on the ground of the police officer’s report of Lao E; and (d) he stored clothes on the floor of the living room, he laid fire by putting it up and attached it to the entire B No. 4 of the same subparagraph, adjacent to the above B No. 3, the total floor area of which is 89.9 square meters in total, via a

Accordingly, the Defendant destroyed the company bond amounting to KRW 21,00,000 at the market price owned by the corporation D, which is used by a person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. The general building ledger;

1. Results of identification at the scene of a fire, and investigation report (part of a place on the counter, as a result of fire identification);

1. Application of Acts and subordinate statutes to record fire case photographs;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the basic area of the punishment [the scope of the recommended punishment], the general standards, the type 1 (Setting fire, such as the main building, etc.) [the scope of the recommended punishment], the basic area of the punishment, the imprisonment of not less

3. Determination of sentence: The defendant, for two years of imprisonment, destroyed a house in which he resides, which could cause damage to human life, and the defendant, on September 26, 2014, committed the crime of this case during the suspension of execution after being sentenced to a suspended sentence of three years of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).