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(영문) 수원지방법원 성남지원 2018.11.22 2018고합205

일반건조물방화

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, along with D, resided in the Ma-gu E Housing (the 1st floor underground and the 2nd floor building) in Seongbuk-gu, Sungnam-si, the Defendant left home on September 8, 2018 and returned home on September 12, 2018. < Amended by Act No. 15018, Sep. 10, 2018>

On September 11, 2018, at around 00:45, the Defendant: (a) carried his body from the inside of the first floor of a house; (b) destroyed a house with a 1,2 floors, etc., without knowing the market price by using a candlelight, which was put on the stallelight for suicide, with a fire, etc., attached to the elelight, etc.; and (c) destroyed a house with which the market price cannot

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. An investigation report (with respect to a site site, a report on the situation and a recording file shall be attached to the ground floor of a building and the surrounding areas of the second floor, with respect to the site site);

1. The application of Acts and subordinate statutes to records of the scene of a fire incident, certified copies of the register, family relation certificates, reports on the results of field identification, data on field photographs, records on fire situations, files for recording 119, certificates of registered matters, and reports on the results of identification of a fire case (report on the results of identification of a fire case

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - When applying the sentencing guidelines established by the Supreme Court’s Sentencing Committee to the type of the instant crime and sentencing factors, the scope of sentence recommended by the Supreme Court is from 1 year and 6 months to 3 years, which are the basic field of imprisonment, and the following circumstances are considered to determine the same sentence as the order. The instant crime is committed in that the Defendant destroyed the entire first floor and the second floor above the ground and the second floor above the ground in which the Defendant’s house is located, thereby causing a substantial damage to the said house itself, and in particular, it is possible to transfer the above house to another person on a chain basis.