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(영문) 창원지방법원 2019.06.13 2019고합70

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

Reasons

Punishment of the crime

The defendant is a person who resides in the subparagraph B B B lending C in Kim Sea-si.

On January 19, 2019, at around 22:16, the Defendant: (a) was parked in the D Freight Track parking lot, and was placed on the top of the D Freight Track’s car with the intent to commit suicide by giving the said D Freight Track on the ground of business non-business expenses.

As a result, it was destroyed that the electric wires, etc., which were moved from the top of the cargo vehicle of the non-breadthed to approximately KRW 26,70,00,00 from the top of the freight vehicle of the victim, were moved to the 1st of the freight vehicle of the victim, to the repair cost of KRW 26,70,000,00, and then, the F-ray car owned by the victim E, which was parked in the above parking lot, was damaged to the amount equivalent to KRW 22,069,107, the market price of the victim H car owned by the victim to be KRW 1,542,765,00.

Accordingly, the defendant destroyed the above structure used as a residence by the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of I, E, J and G;

1. Written estimate or written estimate to be submitted;

1. On-site inspection reports and a fire site inspection report;

1. Application of Acts and subordinate statutes to a investigation report (studio quotation);

1. Relevant Article 164 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of recommended sphere and the range of recommended punishment], and one year and six months to three years in imprisonment, where fire prevention factors are reduced [the category 1], such as main buildings, fire prevention of suspend buildings, etc., fire prevention of public structures, etc. (the special person): In cases where punishment is not granted or considerable damage has been recovered (the area of recommendation and the scope of recommended punishment];

3. The crimes of this case involving the decision of sentence are parked on the vehicle by attaching a fire to his own vehicle.