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(영문) 대구지방법원 2013.07.12 2013고합226

현주건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

The defendant, who is the husband of the building business, did not contact with C, but I think that it is the relationship with D, the owner of the house that the husband was performing remodeling work.

On March 25, 2013, at around 18:00 on March 25, 2013, the Defendant, who did not contact, sent a phone call to leave the husband’s house located in the G in the Gangnam-si, and sent text messages to leave the husband’s house. However, the Defendant, who did not respond to the husband, did not cause a fire to the said house.

Accordingly, the defendant set fire to the ridge of the above house, and destroyed part of the ridge stairs of the above house, which is a building used as a residence, used as a dwelling, by having it spread to the wooden stairs of the above house in the ridge.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Report on the results of field identification, and application of Acts and subordinate statutes on site 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The offense of reason and fire prevention of sentencing under Article 62 (1) of the Criminal Act is highly likely to cause serious danger of public safety and peace, and serious danger of causing serious damage to the life, body, property, etc. of innocent people, and the quality of the offense is not exceptionally specified;

However, the Defendant did not have a previous conviction except once before and after a fine is imposed on 1985, the damage caused by the fire of the instant case is very minor, the Defendant took into account the favorable circumstances to the point that the Defendant has committed the instant crime, and other circumstances, which form the conditions for sentencing as shown in the records and arguments, shall be determined as ordered and the execution of the said punishment shall be suspended.