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(영문) 부산지방법원 2014.05.02 2013고합856

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 became final and conclusive.

Reasons

Punishment of the crime

From around 2008, the Defendant had lived with E in the house owned by the D located in Seo-gu, Busan.

On August 13, 2013, at around 12:50 on August 13, 2013, the Defendant, while drinking for E and alcoholic beverage in the above house, was willing for E to commit suicide by burning for the above house, and was placed on every set of newspaper sites attached to the inner bottom, and had it spread to the entire house above the above house via a gas rater with a flag and a set of newspaper sites.

As a result, the Defendant: (a) destroyed a house owned by D used as a residence by E, which is equivalent to KRW 1,580,000, for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site photographs at the time of leaving the site;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, fire appraisal reports, and fire investigation reports;

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. 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. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of sentence] The reason for sentencing [the range of sentence] from 1 year and 6 months to 15 years [the decision of the sentence], general standards, types 1 [the special sponsor] [the special sponsor] punishment not to be imposed (the general sponsor] [the case where the defendant also suffers serious injury due to a fire prevention, the serious reflector, there is no criminal punishment (each mitigated factor), there is a risk of causing many victims or causing serious damage (the scope of the recommendation factor] [the scope of the sentence of sentence] 1 year and 6 months to 3 years [the grounds for the suspension of sentence] [the grounds for the suspension of sentence], no criminal punishment power (the affirmative reason for each affirmative reason), and there is no contingent crime, serious reflector, or criminal conviction for more than one year.