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(영문) 서울남부지방법원 2016.09.22 2015고합468

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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2015, the Defendant: (a) around 00:05 on October 6, 2015, at the Defendant’s residence located underground in Yeongdeungpo-gu Seoul Metropolitan Government, carried his wife D with his wife during a dispute with his wife; (b) attached his clothes to his wife, and had him once on the entire size of 18 square meters in the underground room.

As a result, the Defendant destroyed the degree of 18 square meters on the half of the building owned by E, etc. used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Application of statutes to each fire site inspection report;

1. Relevant provisions of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of abandonment of imprisonment;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Application of the sentencing criteria [the types] general criteria for fire prevention shall be sentenced to imprisonment with prison labor for not less than two years but not more than five years in the basic field of the first type (the determination of the recommended sphere), (the setting of the recommended sphere, the prevention of fire, such as the suspender building, public structure, etc.) (the scope of punishment

3. Determination of sentence: Imprisonment with prison labor for a two-year period of suspension, the crime of this case for a three-year period of suspension of execution is highly dangerous as not only causes property damage, but also causes serious harm to human life, such as death or injury of people.

However, the Defendant seems to have committed the instant crime in a contingent manner while committing an offense against himself/herself and engaging in a dispute with his/her wife.

The defendant has no record of punishment in the Republic of Korea.

The above circumstances, the Defendant’s age, sex, environment, motive and background of the crime, and the circumstances after the crime are considered, and the punishment is determined as per the disposition.