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(영문) 대구지방법원 서부지원 2014.06.26 2014고합48

현주건조물방화치상

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2014, at around 21:20, the Defendant: (a) destroyed the instant apartment building 101 Dong 405, which is owned by the Victim D in Daegu-gun, and (b) caused the instant apartment 101 Dong 101 Dong 405, and caused the instant apartment 101 Dong 405, and the instant apartment 101 Dong 405 (a total of repair expenses, KRW 2,640,00,000) to take care of the victim, while residing in the said apartment 101 Dong 101 Dong 101 Dong 505, and thereby, the Defendant took care of the victim G, 36 years old, the victim H (the victim), 36 years old, 36 years old, 14 years old, 16 years old, 16 years old, and 16 years old (the victim).

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement about G, F, and D;

1. Each statement of I, H, K, and J;

1. Protocol of inspection;

1. Each written opinion on medical treatment, each photograph, and written estimate;

1. Reporting on the situation, and the application of each Act and subordinate statute for investigation reporting;

1. The first sentence of Article 164 (2) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the victim K who is the most serious crime)

1. Selection of punishment and limited imprisonment;

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 made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Imprisonment with prison labor for not less than two years and not more than 6 months but not more than 15 years;

2. The scope of the recommended sentence according to the sentencing criteria (the decision of type), the range of the recommended punishment [the decision of type], the injury or death resulting from fire such as the fire-fighting group, the main building, etc., and the minor injury (the injury resulting from fire-prevention such as the present main building, etc.) and the non-prosecution