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(영문) 창원지방법원 진주지원 2014.02.07 2013고합119

일반건조물방화

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2013, the Defendant, at the victim C's warehouse located in Jinju-si B, around 02:25 on November 3, 2013, posted the victim of Linju-si, who was flue that the victim of Linju did not drink alcohol to the Defendant and was flue for once to stop his string, and had the victim of Linju-si flue flue flue on the whole warehouse with the total floor area of 39.6 square meters of the building on the roof of the soil wall slate affixed to the rice inside the warehouse.

Accordingly, the Defendant destroyed all one warehouse owned by the victim by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to investigation reports (as to attachment of fire site photographs);

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment: Imprisonment with labor for a period from one year to 15 years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types), group of fire-fighting crimes, general standards, types 2 (Setting Fire to General Structures, etc.): Reduction elements: Voluntary number of persons, non-compliance with punishment [Scope of recommending punishment] from 6 months to 2 years (a year of imprisonment, which is the lowest limit of the sentencing range in the mitigation area, shall be mitigated to 1/2).

3. Scope of revised recommendation: One year to two years (in consideration of the lower limit of the applicable sentences).

4. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case committed by the defendant was committed in rice in a warehouse with the suspension of the defendant's work, and was in the whole of the warehouse. However, the risk is likely to occur. However, it appears that there is no loss of human life or damage to property due to the crime of this case and the amount of damage to property is not much significant; the defendant did not have any specific criminal record except for the crime of violation of the Road Traffic Act; and the defendant