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(영문) 광주지방법원 순천지원 2014.10.02 2014고합178

일반건조물방화

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

From September 24, 2013 to March 27, 2014, the Defendant manufactured and installed chemical machinery to maintain vegetableity at a limited liability company E, a company collecting edible crude oil, which is operated by D in net City C, from September 24, 2013 to March 27, 2014.

On August 14, 2014, the Defendant continued to pay wages for the above construction works, and around 19:45 on August 14, 2014, the Defendant: (a) had a sand in advance 4 of the product shipping-out floor of the above factory; and (b) had gasoline 20 litress spread into a single-purpose factory machinery and factory with a single-use strawter.

Accordingly, the Defendant: (a) destroyed structures by burning the inside of the factory machinery and the factory so that the repair cost of KRW 17,694,00 in total, including crude oil transfer pumps, fright pumps, electricity control brakes panels, flouses cables, etc., can be seen as repairing cost.

Summary of Evidence

Defendant’s legal statement

Article 166(1)3 of the Criminal Act (amended by Act No. 53 or 55(1)1 of the Criminal Act (amended by Act No. 1666(1)1 of the Criminal Act), as to the criminal facts subject to the law applicable to the police record sales slips (related to gasolineing time, J telephone statement hearing), the reason for sentencing under Article 48(1)1 of the Criminal Act, which is advantageous to the reasons for sentencing under Article 62(1)1 of the Criminal Act (hereinafter referred to as the following grounds for sentencing), is that Article 62(1) of the Criminal Act, which is subject to discretionary mitigation under Article 166(1)3 of the Criminal Act.

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommendations according to the sentencing guidelines: General standards for one year to two years (the determination of a type of punishment), type 2 (Setting Fire to General Structures, etc.): In the event that extenuating circumstances especially exist in the motive of the crime, where considerable damage has been recovered from the motive of the crime (the scope of recommendations and the scope of recommendations), special mitigation area, one year and two years (the imprisonment for six months, which is the lowest limit of the punishment of recommendations, is lower than the lower limit of the punishment of the law, and thus, it is corrected to the lower limit of the punishment of the law).

3. Determination of sentence: One year of imprisonment and two years of suspended sentence;