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(영문) 춘천지방법원 원주지원 2013.07.04 2013고합24

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on December 24, 2012, the Defendant: (a) claimed to the Defendant’s male-friendly room with which the name is unknown; (b) stored the clothes of the Defendant’s male-friendly room in the front corridor No. 202; and (c) attached the body of clothes in the Defendant’s male-friendly room to the 202 front corridor; and (d) attached the body of the Defendant’s body to the 2nd floor, the inner wall inside the 2nd floor and the 93rd square meters of the above building.

As a result, the Defendant destroyed the building owned by five households, such as the victim D, to the extent that the repair cost of KRW 13,708,200, which is used as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate;

1. Application of fire-related Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The offense of reason and fire prevention of sentencing under Article 62 (1) of the Criminal Act is highly likely to cause serious danger of public safety and peace, and serious danger of causing serious damage to the life, body, property, etc. of innocent people, and the quality of the offense is not exceptionally specified;

However, under the influence of alcohol, the defendant has committed a crime by contingency; there was no loss of human life due to the fire prevention of this case; there was an agreement with the victim D; the defendant has consented to the crime of this case; the defendant has accepted and reflected the crime of this case; the defendant has no particular criminal power, except once the fraud power is generated; the defendant has taken into account the facts favorable to him; and all other circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, shall be determined as per Disposition