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(영문) 서울동부지방법원 2018.03.30 2018고합26

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

As the context requires, some of the expressions of the facts charged were amended.

The defendant is living in Gangdong-gu Seoul Metropolitan Government C Multi-household No. 202, the victim D and his husband reside in the above house No. 1st floor B03, and the above multi-household house is 6 households residing in the above multi-household house.

On February 3, 2018, when the Defendant was dissatisfied with food, garbage treatment, etc. of the victim of ordinary level, the Defendant shouldered the entrance door door windows in 203 residing by the victim, etc. at his/her house, sealed it into the entrances in 203 through the shoulder glass, and attached the b03 door with a portable log (Evidence No. 1) with a fire on the above b03 door, attached it to the b03 door through the entrance in 203 in the fluen length.

Accordingly, the defendant destroyed part of the building used as a residence by people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (verification at the scene of damage);

1. A fire phenomenon survey report;

1. Application of the existing Acts and subordinate statutes of one portable gater (No. 1) seized;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be the basic area of the type 1 (the determination of the recommended area, the scope of the recommended punishment], the basic area of the punishment, two years to 5 years.

3. The crime of this case, which was sentenced to two years of imprisonment with prison labor, and three years of suspended execution, is set at the entrance of a building used by another person as a residence, and if to brush, serious human life damage and property damage to other persons residing in the building.