일반건조물방화
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
At around 17:20 on February 10, 2014, the Defendant: (a) was living in the same household owned by the Defendant living in the same household located in Jeonnam-gun, Bosung-gun; (b) caused physical suffering and economic difficulties due to chronic dystypitis and acute dyposis; and (c) destroyed approximately 33 square meters of the said house by putting clothes on the inside of the house, putting the house out of the house and setting it off.
Accordingly, the defendant set fire to the above house which is a general building.
Summary of Evidence
Defendant’s legal statement
Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation of discretion under Article 166(1)3 of the Criminal Act for the criminal facts subject to the police protocol investigation report (fire scene photographs) on D’s statement of statement, the reason for sentencing under Article 62-2 of the Criminal Act for probation Article 62-2 of the Criminal Act for probation is as follows.
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;
2. Scope of recommended sentences based on the sentencing guidelines: Imprisonment with prison labor for one to two years (determination of a type), fire prevention, general standards, type 2 (Setting fire to other structures, etc.) (special-sponsive factors): Reduction factors: Reduction areas of punishment (decision on the recommended area, scope of recommendation types), reduction areas of punishment, reduction areas of imprisonment with prison labor for one to two years;
3. The crime of this case, which is determined to be sentenced, is a fire by the defendant's house used as his residence, and the risk of spreading the fire in the vicinity is not good.
However, given the favorable circumstances, such as the fact that the defendant has no specific penalty power, the defendant's health worsens and experienced economic difficulties, the fact that the defendant appears to have committed the crime of this case in a contingent manner, and the fact that D, a housing owner, has not been punished against the defendant, etc. In addition, the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., the punishment as set forth in the text shall be determined by taking into consideration all the circumstances shown in the arguments