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(영문) 대구지방법원 포항지원 2016.01.11 2015고합118

현주건조물방화

Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C and the husband.

The Defendant, at the port of port, told the victim that he had the ability of the victim while drinking alcohol with the victim in the residence of the Defendant and the victim in Nam-gu, Nam-gu, and laid the bridge (2L) in front of the boiler room, and laid the bomb to the bomb and the bomb in the bend of the boiler room and the bend of the bomb in the bend of the bend of the bend of the bend of the bend of the bomb and the bend of the bend of the bend of the bend of the bend of the bend of the bend of the fire. The Defendant destroyed the entire 1 marth of the bend of the bend of the bend of the bend of

As a result, the Defendant destroyed a structure used as a residence by the victim C to cause property damage equivalent to KRW 7,057,00,000, and destroyed the structure used as a residence by the victim E to be KRW 507,000 for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each report on investigation;

1. Report on the results of field identification and a fire site survey report (Preparation of the south coast guard station);

1. A written estimate for damage (a victim E boiler warehouse);

1. Application of the Acts and subordinate statutes to photographs of the scene (stations) and photographs thereof;

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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The sentencing criteria [the scope of the recommended punishment] general standards and the mitigation area (one year to six months from the date of imprisonment) (the prevention of fire, such as the present building, and the public building, etc.) (the term of imprisonment shall be one year and six months to three years) (the term of special mitigation) is not subject to punishment.

3. The crime of fire-fighting to be sentenced is a crime that may endanger public safety and peace and cause serious harm to the lives and property of many citizens, and is highly likely to cause social danger. At the time of the crime of fire-fighting in this case, the defendant and the victim are still in the residence, which is the place of crime, and thus, there is a possibility that human life damage may occur.