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(영문) 광주지방법원 순천지원 2015.10.08 2015고합158

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on August 18, 2015, the Defendant was dissatisfied with the Defendant’s family member D residing together with the Defendant’s wife located in Goung-gun, Goung-gun. From May 29, 2015 to August 14, 2015, the Defendant’s family member hospitalized the Defendant into the hospital for the purpose of alcohol addiction treatment, and had a complaint against the Defendant’s negligence, such as failing to properly mislead the Defendant, etc. after being hospitalized into the hospital. However, during the Defendant’s interrogation of the Defendant, the Defendant was able to bring the Defendant a gasoline in the warehouse where the Defendant was the escape victim, and f5 square meters of the total floor area of the house of the first floor.

Accordingly, the defendant destroyed all the bonds used by the person as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Article 164 (1) of the Criminal Act applicable to the crimes;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] general standards and basic area (two to five years) (no special person) of the category 1 (Setting fire, such as the present main building, etc.).

3. The crime of this case, which was sentenced to punishment, was committed by the Defendant, with the wife, by burning the Defendant into an unauthorized detached house. The crime of this case, which, in the case of fire prevention, could cause serious damage to the lives and property of a large number of people, is highly dangerous in society. The result of fire prevention is significant to the extent that the inside of the real house was born, and the fire extinguishment was delayed.