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(영문) 대전지방법원 서산지원 2015.11.05 2015고합74

일반건조물방화

Text

A defendant shall be punished by imprisonment for one year.

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

Around July 9, 2015, the Defendant was under the influence of alcohol with a pro-friendly victim C and a telephone, and the Defendant heard the victim’s phrase “I am am hyna, and live promptly.” On the same day, around 16:40 on the container owned by the victim in Seosan-si, Seosan-si, and entered a warehouse (a total floor area of 18 square meters) on the floor, to spread it to the entire container of the container that was moved to electric materials located in the non-breadth container by piling up the clothes, putting the clothes, and making it spread to the whole container of the container.

Accordingly, the defendant, who is the victim, destroyed all of the container storages worth KRW 10,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. On-site reports on results of field identification;

1. Application of internal investigation reports and field photographs-related Acts and subordinate statutes;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommendations according to the sentencing guidelines (decision of types), range of recommendations (decision of types), general standards, types 2 (Setting fire to general buildings, etc.) (Special Mitigation Persons), area of mitigation of punishment (the scope of recommendations and recommendations), area of mitigation of punishment, one year to 2 years of imprisonment;

3. Major positive factors as to whether to suspend the execution: There is no contingent crime, nor criminal records of a suspended execution or more severe punishment.

4. The crime of this case, which was determined to be sentenced, was committed by the Defendant by setting fire to a container owned by a pro-friendly victim and setting fire to all the above warehouse. When the Defendant was a victim's house was located adjacent to the place of crime, and the mother of the Defendant and the victim turned out to a large fire in the above house.