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(영문) 춘천지방법원 속초지원 2020.03.26 2020고합1

현주건조물방화등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From December 17, 2019, the Defendant is a person who lives in the Btel C from his/her own territory.

1. On December 24, 2019, the Defendant: (a) around 00:15, the Defendant: (b) placed his/her body, such as divorce with his/her wife and aggravation of his/her illness; (c) placed his/her clothes, such as his/her gate c, in the front city Btel C, and opened his/her clothes, such as his/her gate c, and had him/her spread to the inner place, such as his/her gate c, front of his/her lab, his/her lab, and his/her lab, etc., in order to commit suicide.

As a result, the defendant destroyed Btel C which the defendant used as a residence.

2. The Defendant damaged the damage of property by destroying the e-learning car owned by the victim D, which was parked in the said Btel parking lot on the ground that electric sirens located outside of its windows, at the time and place set forth in the above paragraph (1) above, and damaged the 1,421,660 won for repair.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements prepared by D;

1. Written estimate of repair costs;

1. Application of the Acts and subordinate statutes to photographs related to the damage of current owner, building, fire prevention, field photographs and Btel property;

1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act (the occupation of the present main building and fire prevention, the choice of limited imprisonment), and Article 366 of the Criminal Act (the occupation of destroying and damaging property and the choice of imprisonment);

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes;

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

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to six years;

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

(a) Class 1 crime (on the present main building and fire prevention) (the decision of type) and fire prevention crime;