beta
(영문) 청주지방법원 영동지원 2013.11.06 2013고합20

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 of the final judgment.

Reasons

Punishment of the crime

On August 13, 2013, at around 21:30 on August 21, 2013, the Defendant: (a) reported that E, an employee of the above multi-user, who returned from approximately seven months ago, was not subject to his own telephone; and (b) made E’s clothes, which were located in the above multi-user, transferred to a single-use kitchen with a fire, which was located in the above multi-unit cremation and was located in advance; and (c) made it transferred to the whole of a multi-unit bank with a total floor area of about 19.8 square meters, which had been loaded in the above multi-unit cremation, via a diveter with a diveter with a fire, which was located in the above multi-unit cremation, and caused it to spread to a multi-unit bank with a total floor area of about 19.8 square meters.

As a result, the Defendant destroyed the victim F, who was used as a residence by E, by putting a large amount of money equivalent to KRW 6,619,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Application of Acts and subordinate statutes to a report on investigation (field investigation) and a report on investigation (limited to the attachment of fire-related materials to fire fighting units);

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Application of the sentencing criteria;

(a) Determination of type, fire-prevention crime group, general standards, suspender buildings, etc.;

(b) Measures to mitigate special-sponsed persons (a self-denunciation or a person not subject to punishment);

(c) 9 months to 3 years ( mitigated areas) of imprisonment with prison labor within the scope of recommending punishment;

3. The act of fire-fighting in this case, which is a serious crime detrimental to public safety and peace, is a serious danger that is disadvantageous to the defendant.

On the other hand, the defendant led to the confession of the crime of this case, and his mistake is divided.