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(영문) 수원지방법원 안산지원 2017.08.11 2017고합146

현존건조물방화치상

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 12, 2016, the Defendant, at around 22:10, at the residence of the Defendant, who was located in Ansan-si, Sinsan-si 106, brought a dispute with the victim D (the victim D(the age of 51) and the education of the children, and the disposition of the dog, while making it difficult for the Defendant to do so. The Defendant, at around 22:10 on December 12, 201, she cited a stop (1L) in the kitchen.

We can see that the victim D sent to do so, that the victim D opened a lid from the defendant to cut off the spacker, put the spacker on the floor of the ward, and put the spacker on the floor of the ward," "high sounder, the defendant was spacked and spacked on the part of the defendant."

One-time license plate attached a fire to a width and had the fire spread to the entire dwelling area above the non-breadth.

As a result, the Defendant destroyed the part of the above apartment house in which the victim D et al. exist, and the victim E (12) suffered the victim E (12) who was the child of the defendant who was located in the above apartment house, the video of 2 Do such as the left-hand of the treatment days, the victim F (54 years old) who is the resident of the above apartment house, and the victim G (30 years old), respectively, from the date of treatment, "other specified gases, smoke and water addiction agents" on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. A statement of F and G;

1. Report on internal investigation (No. 15 No. 15 of the evidence list);

1. Each medical certificate (No. 24,25 No. 5 of the evidence list);

1. A reply following a report on the results of on-site identification, response to a request for appraisal, and a request for the delivery of fire investigation data;

1. Application of Acts and subordinate statutes to record photographs of fire-prevention cases;

1. Article 164 (2) (main sentence) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment against a person who has committed a crime causing bodily injury or injury resulting from a fire to his existing structure D, the largest crime of which is referred to therein);

1. Selection of alternative abandonment of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62(1) of the Criminal Act provides that suspension of execution (i.e., repeated consideration of favorable circumstances among the reasons for sentencing).