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(영문) 대구지방법원 2014.12.19 2014고합567

현주건조물방화

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That 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

On September 13, 2014, the Defendant: (a) around 13:15 on September 13, 2014, on the ground that the victim, who was a pro-friendly victim D (the 64-year old), who had not been able to be spaced due to money problems, etc. from the old times before and before the residence of the victim, went to work without communicating with himself, and was in possession of the tree trees within the long time after he he he he he he he he he he he he he he he he he he he he stored with a bub with a bub, etc. which he was in possession of for a long time in the wall, wall, television in the room, and effort, etc.

As a result, the defendant set fire to and burns a structure that the victim uses as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on the results of field identification and report on investigation (referring to attaching photographs to fire scene photographs);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the general criteria for fire prevention [person subject to special mitigation] [Determination of the recommended area] victim's non-performance of punishment [the scope of the recommended area] mitigation area] [the scope of suspension of execution] from 1 year and 6 months to 3 years [the scope of suspension of execution] - Major positive factors: victim's non-performance of punishment - General positive factors: efforts to prevent the spread of damage; contingent crimes; serious reflective factors;

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the crime of this case was committed with dissatisfactions about pro-Japanese, which was set fire at the lower time in the dwelling where they live as a relative, and the nature of the crime is not good considering the motive for and method of the crime.

However, the defendant commits a contingent fire-prevention.