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(영문) 서울서부지방법원 2013.11.29 2013고합254

현주건조물방화

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On August 14, 2013: (a) around 23:26, the Defendant was living together on the ground that D, the mother of the Defendant living together, was not drinking in the Eunpyeong-gu Seoul Metropolitan Government on the ground that D, the Defendant did not make a prior notification to the Defendant, and was moving into the Dong E house of the Defendant living in Jeju-do. On the 101st floor of the above 101, the Defendant laid down his clothes from the Defendant’s and the Defendant’s son’s son’s son’s son’s son’s son. On the ground that D, who was the mother of the Defendant living together, was on the ground that D, without having to make a prior notification to the Defendant, went into the entire building, including the above C loan’s 201 and 301.

As a result, the Defendant destroyed approximately 17 persons such as F, etc. using them as a residence, or by burning the entire Carryover No. 101, 201, 301, and the external wall wall and window of F, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in the preparation of G, H, I, J, K, L, M, and N;

1. The current status of Carryover residents and the application of Acts and subordinate statutes governing damage photographs at fire prevention scenes;

1. Relevant Article of the Criminal Act and Article 164(1) of the Criminal Act (Selection of Imprisonment with prison labor) concerning the facts constituting an offense;

1. The sentencing criteria [Determination of types] the general criteria for the prevention of fire, such as the main building, the prevention of fire, etc. to the main building, and the public structures, etc. (the scope of recommendations] that have no record of criminal punishment (the elements of mitigation] (the scope of recommendations] 2 to 5 years (the scope of modified recommendations] 3 to 5 years (the minimum sentencing period shall be three years); and

2. The fact that the Defendant was the first offender with no previous conviction, that all of the instant crimes are recognized and reflected, and that there was no loss of human life caused by the instant crime, is an element of sentencing favorable to the Defendant.

However, the crime of this case is committed in a multi-family housing in which many people live together, and most residents have returned home and locked or take rest at the latest at 11:00 hours, and thus people's life, body, and property.