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(영문) 광주지방법원 순천지원 2017.03.30 2017고합22

현주건조물방화

Text

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.

Reasons

Punishment of the crime

On September 10, 2016, at around 17:10 on September 17, 2016, the Defendant: (a) destroyed the said residence by setting a scam match, which was kept in the house in front of the scam in front of the scam in which she was placed with the her husband, for reasons that there was a dispute with D and its female problem; and (b) on the ground that the Defendant was put in a scam in front of the scam in front of the scam in front of the scam in which she was placed with the scam, which was laid in the scam and laid in the above scam, with the removal of the room floor, wall, scam, electronic recognition,

Accordingly, the defendant destroyed the above residence used by the family of the defendant such as the defendant and the above D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report, report on internal investigation (referring to the confirmation of the circumstances leading up to the occurrence of a fire against the husband D by the victim), and report on internal investigation (on-site inspection, etc.);

1. Reports on the results of field identification and replies of the results of field identification at the scene of a fire accident;

1. Application of Acts and subordinate statutes to record evidence photographs and 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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Where the actual damage (person subject to special mitigation) is insignificant in the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, the scope of the recommended punishment [the types] [the general standards for fire-fighting crimes] and the general standards for fire-fighting crimes, the area of mitigation [the scope of the recommended punishment]: one year and six months to three years.

3. Determination of sentence: Imprisonment with prison labor for 2 years and suspended execution for 3 years; the crime of this case is committed with the husband and with some of the wards and household appliances, etc., which can cause serious damage to the lives and property of a large number of people. The crime of this case is committed in this case.