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(영문) 의정부지방법원 고양지원 2018.11.20 2018고합181

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:00 on June 3, 2018, the Defendant, at the entrance of the dwelling of the Defendant, 1101 Dong 2002, the Defendant had the mind that he would die under the influence of alcohol. The Defendant kept the clothes in the front floor by putting them in the door with a fire attached to the newspaper site and the stop, and putting them in a string, making it difficult to put other clothes on the front wall and a new string, thereby making them moved to the apartment house owned by LH Corporation, and having approximately KRW 2,40,000,000 of the repair cost of the apartment house.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to fire identification surveys;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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

2. Where the sentencing criteria are applied [the types of decisions] and the general criteria for fire prevention have been applied to the case where considerable damage has been restored (the scope of recommended punishment) to the part corresponding to the Class 1 (Setting Fire to the main building, etc.) (the special sentencing factors) (the special sentencing factors) (the scope of recommended punishment) (the area of mitigation).

3. A crime of fire prevention against an aggregate building is very dangerous and serious in that it may cause fatal damage to life and property of a large number of people if the sentence is rendered.

The defendant intentionally put in the place of interrogation, suspension, and clothes which are easily inflammable, and such acts of the defendant are highly likely to be criticized.

However, the defendant has prevented the spread of damage by informing the security guards of his fire prevention immediately after the fire prevention and reporting to 119, and the defendant has divided his fault.