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(영문) 서울동부지방법원 2013.08.14 2013고합180

현주건조물방화

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

Reasons

Punishment of the crime

The defendant is a tenant in Gwangjin-gu Seoul Special Metropolitan City 101 who is a multi-family rental house that four households live together, such as the defendant managed by the Seoul regional headquarters of the victim.

At around 18:40 on June 20, 2013, the Defendant: (a) destroyed the wall by attaching a fire to a wall and a ceiling with a fluor, which had been in possession of a single-use dog for drinking alcohol on the ground that he would do so; and (b) destroyed the wall inside 38.25 square meters and the market price equivalent to KRW 2,300,000,000, such as a ceiling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the report on search and seizure, the list of seizure, the fire site photograph, each field photograph, the estimates, the investigation reports, the investigation reports (in the presence of persons on the spot), the investigation reports (the identification photographs and the contents of 112 reported recording), and the comprehensive report on fire occurrence;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

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;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. Application of the sentencing criteria [Determination of types] There is no fire prevention (type 1), such as fire prevention and suspender buildings (type 1) (the scope of recommending punishment] basic area, two years to five years of imprisonment.

3. Determination of sentence: The defendant, for a period of one year and six months suspended sentence, has caused a serious danger to public safety and property and body of another person through the instant crime, and there is a need for strict punishment corresponding thereto.

In addition to these unfavorable circumstances, the Defendant appears to have committed the instant crime in a contingent manner while under the influence of alcohol, and the fact that the Defendant voluntarily reported the instant crime to the police immediately after the instant crime, and is in profoundly against the Defendant’s intent to make a confession of his own crime.