beta
(영문) 부산지방법원 2013.09.13 2013고합454

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

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

On June 3, 2013, 2013, the Defendant and his mar, who had been 207, Busan Northern District Cmando 207, the Defendant, and his mar, transferred to her brothers and sisters the issue of division of property at the home owned by the Defendant’s mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother, and made the Defendant spread to the entire mar of the mar.

Accordingly, the defendant and D destroyed the fire by burning the apartment in the market price, which is the E-owned by the defendant and D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, fire appraisal reports, and fire site survey reports;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances required for the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeatedly made for the reasons for sentencing);

1. In light of the fact that the Defendant, on the grounds of sentencing in the proviso to Article 62-2(1) and the proviso to Article 62-2(2) of the Probation Criminal Act, is at risk of committing a crime by using portable butane gas, etc. in the Defendant’s residence, which is one of multi-household houses, and in light of the characteristics of multi-household houses, it could lead to large strawing, etc., it is necessary to strictly punish the Defendant.

However, in light of various circumstances, including the motive, circumstance, degree of damage, Defendant’s age, character and conduct, and family relationship, the Defendant led to the confession of all of the instant crimes and reflects his mistake in depth, and the Defendant committed the instant crime contingently after excluding his brothers and sisters as a matter of division of property, and there was no particular loss of human life due to the instant fire, and other various circumstances that form the conditions for sentencing revealed in the pleadings of the instant case, such as the motive, circumstance, degree of damage, Defendant’s age, character and conduct, family relationship.