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(영문) 인천지방법원 2020.08.25 2020고합120

현존건조물방화

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 February 14, 2020, at around 19:00, the Defendant moved to the studio e, which is managed by the victim C in the Namdong-gu Incheon Metropolitan City, with a set set of a studio for a day which was possessed by himself while drinking with F and alcoholic beverages, and attached the studio lap to the studio lae room.

Accordingly, the defendant set fire to a building in which people exist so that the repair cost equivalent to KRW 9,312,000 is to be caused.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the investigation protocol F of the police suspect against the defendant, a report on the spot identification of each police officer's statement of the defendant C, a report on the fire identification, a photograph of the fire case, and a field file report

1. Application of the written estimate statutes;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of recommendations [Article 1] the general criteria [Article 1] There is no person who has a basic area (the area of recommendations and the scope of recommendations], basic area (the area of recommendations and the scope of recommendations], and the prevention of fire, such as main buildings, buildings, etc., public structures, etc.; two to five years.

3. Determination of sentence: Determination of sentence as ordered in consideration of the following circumstances and the various sentencing conditions prescribed in Article 51 of the Criminal Act:

The Defendant caused considerable property damage to a studio building used by a large number of people for residential purpose, and failed to recover the damage.

The Defendant recognized the instant crime.

There is no criminal conviction or suspended execution against the defendant.