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(영문) 대구지방법원 2019.03.29 2019고합51

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 living in the family of the victim C, who is the mother of the defendant in Daegu Northern-gu B, and five persons such as the defendant and the victim are living in the above house.

At around 00:00 on January 28, 2019, the Defendant, while under the influence of alcohol at the above house, imprisoned 3 eggs of the water surface guidance system with the mind of committing suicide. On January 28, 2019, the Defendant: (a) attached the body in his possession with the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2019.

Accordingly, the Defendant destroyed a building that is equivalent to KRW 60 million at the market price used by a person as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes to a copy of a field photograph, report on results of field identification, report on 112 reported cases, and certified copy of a register at the time of each fire;

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 (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria (decision of types) [Article 1] General Criteria, : Fire prevention of suspender buildings, etc., fire prevention (special sponsor], such as public structures, etc.: Reduction area of penalties (the scope of recommending areas and recommendations) mitigated area, imprisonment with labor for a year and six months to three years;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and the crime of this case for three years under a suspended execution shall be deemed to have destroyed the entire building by attaching fire to the inside of the building in which the parent, tenant, etc. of the defendant reside at night, and property damage shall be heavy, and many residents live around the house.