beta
(영문) 창원지방법원 마산지원 2018.04.27 2018고합23

일반건조물방화

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant had been fluently dissatisfied with a large number of complaints against the money residing in the same Dongn who was traveling with his bad flusium. The Defendant flusiumd the money to remove the plastic houses owned by the victim D, the Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, where the money was frequently gathered.

On December 18, 2017, the Defendant was able to take all of the vinyls of the said vinyl house (three meters wide, four meters long) and one vinyl house with a market price of approximately KRW 200,000,000, by setting fire into the relevant vinyl house (three meters wide, four meters long) at the said vinyl house on December 18, 2017.

Accordingly, the defendant destroyed the building owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes for reports on the occurrence of accidents (Setting fire to general goods) and investigation reports;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of recommended punishment on the sentencing criteria [the types of decisions] the scope of punishment [the scope of recommended punishment and the scope of recommended punishment] Class 2 (Setting fire to general buildings, etc.] and the area of mitigation of punishment [the scope of recommended punishment and the scope of recommended punishment], one year to two years.

3. Determination of sentence: One year of imprisonment and two years of suspended sentence, each of which was a vinyl house owned by the victim was damaged by the crime of this case.

In addition, the crime of this case was committed at the place where there are many houses in the vicinity at the dry winter night, and in light of the fact that the brush might cause serious loss of human life and property as a neighboring household, the criminal liability of the defendant is not somewhat weak.

However, the defendant recognizes the crime of this case and reflects it, and the victim does not want punishment by mutual consent with the victim.