beta
(영문) 의정부지방법원 2018.04.12 2017고합375

현주건조물방화치상

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2017, around 07:10 on September 30, 2017, the Defendant heard the rumor of “hiner” from the injured party, who had a dispute with the victim D, who had a relation with the money issue with the victim C Housing 304, in the inner room of the residence of the victim D, and caused the victim to suffer approximately two weeks of the body part of the body part of the victim, where it is necessary to receive approximately two weeks of treatment.

Accordingly, the defendant was injured by setting a place where people can use it as a residence and suffered injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigative reports (the clothes and photographs of damage inflicted by the injured person at the time);

1. Relevant Article of the Criminal Act and Article 164 (2) (main sentence) and Article 164 (1) of the Criminal Act for the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] 2 years and 6 months to 5 years in the area of special mitigation (one year and 3 months to 5 years) (the area of special mitigation) (including a person who has been specially mitigated) / minor injury (including a serious effort to recover damage) / the scope of the corrected recommended punishment / 2 years and 6 months and 5 years.

3. Determination of sentence: Determination of sentence in the same manner as the order is made, comprehensively taking into account the following conditions of sentencing, such as imprisonment of two years and six months, suspension of execution of four years, the age, sex, environment, motive and circumstances of the crime, method of the crime, and circumstances after the crime;

[C] A crime committed against the present owner's building.