beta
(영문) 대구지방법원 영덕지원 2018.12.06 2018고합16

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 14, 2017, around 03:30 on December 14, 2017, the Defendant: (a) brought about a dispute with D, a de facto spouse, at around 5:203 Dong-gun building 5:203, a de facto marriage spouse; and (b) made the Defendant’s residence, such as the floor of the dives, and the H-owned building, owned by E, F, and G, etc., using the dar for residential purpose, up to one unit of the said C building.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Each police statement made to the I, E, F, G, and J;

1. A report on the occurrence of a fire, internal investigation report (Attachment of a fire site photograph), and each investigation report (in relation to attachment, such as a letter, etc. as a result of the analysis of digital evidence, investigation report on the results of an appraisal, attachment of data submitted to the victim G, and attachment of data submitted to

1. Notification of the department related to the report of 112 case, report of fire-proof results, and notification of the result of photo appraisal;

1. Application of each statute on 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 to mitigate small amount;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment according to the application of the sentencing criteria [the scope of the recommended punishment] general standards and the basic area (2 to 5 years) of the type 1 (the prevention of fire, such as the suspender building, and the prevention of public structures, etc.) (the person subject to special sentencing).

3. Circumstances unfavorable to the decision of sentence: The crime of this case was committed by the defendant by setting fire to the new wall that many people use as a residence without any particular reason, and the nature of the crime was considerably serious, and there was a concern over causing serious loss of human life. Despite the considerable damage to the fire of this case, the defendant does not make any effort to recover the damage until now, and the victims also desire to punish the defendant: the defendant is also more favorable.