일반건조물방화등
A defendant shall be punished by imprisonment for three years.
. It appears that the reasons between the factory and the factory have come to know of the occurrence of the fire are different from the facts;
The crime of fire prevention and fraud of this case for the reason of sentencing is committed by the defendant who attempted to acquire insurance money after taking it out in the factory building for the purpose of receiving insurance money. In light of the motive of the crime, method of the crime, etc., the crime is very poor in light of the nature of the crime, the fire has spread to the surrounding factory due to the crime of fire prevention, and even the fire has been causing significant property damage. Nevertheless, the defendant has only made a defense that makes it difficult for him to deny and obtain it, and it does not seem to be contrary to the form of the crime of fire prevention and fraud of this case.
However, considering favorable circumstances, such as the fact that the instant fraud crime was committed in attempted crimes, the fact that there is no other criminal records except that the Defendant was punished once by a fine, and the economic situation of the Defendant is considerably inappropriate, the motive, means and result of each of the instant crimes, the circumstances after the commission of the crime, the age of the Defendant, the environment, personality and conduct, etc., and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court (at least two years and six months of imprisonment).
1. General buildings and fire-prevention: Fire-prevention crimes, general standards, Type 2 (Setting fire to general buildings, etc.), the area of aggravation (for special persons: motive of committing a crime), two years and six months to five years;
2. The sentencing criteria are not set for the attempted fraud or the violation of the Road Traffic Act.
* The range of recommendations according to the standards for handling multiple crimes: imprisonment for at least two years and six months (the crime of attempted fraud, which is not set forth in the guidelines for sentencing, and the crime of violation of the Road Traffic Act (unlicensed driving) is concurrent crimes under the former part of Article 37 of the Criminal Code, and the lower limit is based on the lower limit of the recommended sentencing criteria in the case of general buildings and fire-prevention for which the guidelines for sentencing are set) shall be set as the order.