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(영문) 수원지방법원 평택지원 2013.08.07 2013고합36

현주건조물방화치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 22:30 on December 27, 2012, the Defendant: (a) brought about 20L plastics containing ethyl alcohol, which had been stored in the house, and destroyed 3.3 square meters of the living room floor of the Defendant by putting the victim D (the 55 years old and 55 years old) and drinking in the living room; and (b) brought about about about about 20 L plastics, which had been stored in the house, while using the ethyl alcohol while working for ordinary trees; and (c) cutting down the 3.3 square meters of the living room floor of the Defendant with a single-use log owned by the Defendant, and setting the part of the victim’s bridge, thereby causing the victim to take approximately 6 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. On-site photographs and gasoline photographs;

1. Application of Acts and subordinate statutes governing a written diagnosis and a written request for appraisal;

1. Article 164 (2) and (1) of the Criminal Act applicable to the facts constituting an offense and Article 164 (1) of the Election of Imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Application of the sentencing criteria [Determination of types] Fire-Prevention and Injury resulting from fire, such as a fire-prevention crime group, a suspender building, etc., type 1 (Specially Bodily Harm resulting from Fire-Prevention of Present Living Building, etc.): Reduction area of punishment not [Limits of recommending punishment] mitigation area, imprisonment with prison labor for up to 2 years and 5 years; and

3. As to the crime of this case, the crime of this case in which the defendant was sentenced, by burning the house in which he is used as his mother and the victim's house, and caused the victim to take pictures that require treatment of not less than 6 weeks on the bridge, the crime of this case is not against the nature of the crime;

However, it is advantageous to the defendant, such as the fact that the defendant who has faithfully gathered the mother seems to have reached the crime of this case in a contingent way while disputing the victim's issue of support for the mother, there is no criminal record exceeding the fine of the defendant, and that the defendant seems to be against his own mistake.