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(영문) 광주지방법원 목포지원 2018.03.29 2018고합3

현주건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On February 10, 2017, the Defendant: (a) around 02:36, the Defendant: (b) around 102:36, in the 101-dong, Pyeongtaek-gun apartment building C, 101-dong 105; (c) collected her husband D’s contents, clothes, etc., which were suffering from a living room under the influence of external shippers, in the living room without any reason; (d) made it easy for the Defendant to unclaimed the cremation site; and (e) attached fire by an influence method to the entire dwelling area via the wall of the living room.

As a result, the Defendant, along with her husband D, destroyed the apartment bonds worth KRW 80,000,000 which are owned by E and used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each police statement made to D or F;

1. Each protocol of seizure (not more than 337 pages, not more than 345 pages);

1. Investigation report (Attachment to and the progress of CCTVs of the C apartment), internal investigation report (Attachment to screen by cutting down the CCTV images of the C apartment), internal investigation report (the counter search of fire officers), investigation report (Attachment to photographic data of the agreement on the lease of real estate of the fire apartment);

1. On-site reports on results of field identification and on the results of field identification (on-site identification, but on-site identification; hereinafter referred to as "on-site reports");

1. A report on the results of fire field erosion, and a fire appraisal report;

1. A copy of a lease contract;

1. A floor plan at the fire site;

1. Application of the Acts and subordinate statutes on field identification photographs, 10 copies of a C apartment 101, 105, 105, 26, Kameras to the 105, Kameras;

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. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended sentencing according to the sentencing guidelines [the type of determination] fire prevention, general standards, type 1 (Setting fire to the main building, etc., setting fire to public structures, etc.) (special sentencing factors), which is not punishable; or