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(영문) 대구지방법원 2013.07.05 2013고합246

현주건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 18, 2013, the Defendant leased No. 103, 707, Daegu Suwon-gu, C’s apartment house from February 18, 201 to reside together with his father.

At around 21:00 on April 17, 2013, the Defendant, at his own room located adjacent to the above apartment entrance, destroyed the smaller number of the apartment that the Defendant and his father used as a residence by attaching a fluor to the fluor who was in possession of the fluor with the fluor who was in fluoral with the fluor and the fluor who was in possession of the fluor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the results of field identification, and application of Acts and subordinate statutes to field photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The offense of reason and fire prevention of sentencing under Article 62 (1) of the Criminal Act is highly likely to cause serious danger of public safety and peace, and serious danger of causing serious damage to the life, body, property, etc. of innocent people, and the quality of the offense is not exceptionally specified;

However, in full view of the fact that the fire prevention of this case did not cause any harm to human life, the fact that an agreement has been made with the victim, the fact that the defendant was aware of and against the crime of this case, the circumstances favorable to the defendant, and all other circumstances that form the conditions for sentencing in the records and arguments of this case, the punishment shall be determined as ordered and the execution of the sentence shall be suspended.