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(영문) 서울남부지방법원 2013.04.11 2013고합37

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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2012, the Defendant: (a) around 22:45, around 22:45, at the multi-household apartment tower located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (b) fighting each other in relation to the victim’s failure to repay the money borrowed from the Defendant, and then, (c) deducted the Plaintiff from the one that was prepared in advance, and destroyed the Defendant’s 7th square tower in the middle of the 7th square meters where the victim had left.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the site, temporary burial areas and photographs;

1. Article 164 (1) of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) of the suspended sentence has caused a serious danger to the public safety and property and body of another person through the instant crime, and there is a need for a corresponding punishment.

However, the defendant is divided in the confession of the crime of this case, and the victim does not want the punishment of the defendant under the agreement with the victim D, the defendant does not have any criminal record, and the victim has no criminal record, and there is room to take into account some motives of the crime, such as the victim stimulates the defendant, etc. In addition, the defendant's age, health conditions, personality and behavior, environment, and circumstances after the crime, etc., shall be determined as ordered by taking into account all of the factors of sentencing