현주건조물방화등
A defendant shall be punished by imprisonment for two years.
A disposable dys (Evidence No. 1) seized shall be confiscated.
In light of the former act before the instant crime, it is difficult to accept the Defendant’s assertion.
The reason for sentencing lies in the crime of this case that the defendant steals the cell phone owned by the victim located on the bar table at the drinking house, and stolen it on the mastru, which is accumulated in the house near the house where the person uses as his residence, without any particular reason, by putting him a fluor, without any specific reason. In the case of the fire-prevention crime against the present main structure, it is highly likely to cause danger to the human body and life of the resident in the building, the defendant's fire-fighting without making efforts for extinguishing it at all, and leaves the site as it is after extinguishing it. Nevertheless, in light of the fact that the defendant denies the fire-prevention crime of this case, and the defendant has been convicted several times of criminal punishment, and there is a criminal conviction, there is a need to punish the defendant.
However, the fact that the defendant recognized the theft crime and reflects on the fact that the fire-prevention crime of this case was low, it seems that it was difficult for the defendant to take account of the fact that the damaged part of the theft crime was temporarily returned to the victim, that the defendant was not planned to commit each of the crimes of this case, considering the circumstances favorable to the defendant, such as the motive, means and result of each of the crimes of this case, circumstances after each of the crimes of this case, age, environment, character and conduct, all of the sentencing conditions shown in the records of this case, and the scope of recommendations according to the sentencing guidelines of the Supreme Court (two years to five years).
1. On-site fire-prevention: Fire-prevention crime group, general standards, type 1 (fire-prevention, such as modern residential buildings, fire-prevention, such as public structures), basic area, two years to five years; and
2. Theft: The range of recommending punishment in accordance with the criteria for handling multiple crimes: the theft crime group, the theft of general property, the second category (general larceny), the basic area, the imprisonment from six months to one year and six months: the punishment shall be determined as ordered by taking full account of the two to five years of imprisonment.