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(영문) 인천지방법원 부천지원 2018.12.07 2018고합198

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2018, the Defendant 22:14: (a) performed fighting with D and D, a cohabitant, at the inside of 204 of the Bupyeong-si Building C (hereinafter “the instant building”) on July 22:14, 2018; and (b) caused damage in total amount of KRW 127,051,036,00,036, such as damage of eight vehicles parked in the first floor parking lot, by attaching a fire to tobacco that was fluored on the part of the bend floor of the site; and (c) making it possible for the Defendant to have the instant building 204, 34.1 square meters of the instant building, such as an inner wall and a living room, via the influence wall, and destroying eight vehicles parked in the first floor parking lot.

Accordingly, the defendant set fire to and burns a structure in which 30 households reside.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports on the results of meals, and reports on the results of fire erosion prevention;

1. Application of Acts and subordinate statutes to a report on internal investigation, a report on investigation (Attachment of details of damage), a report on investigation (Attachment of a written estimate for damage), and a report on investigation (calculated amount of damage);

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 of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing criteria [the type of punishment] [the scope of the recommended punishment] set forth in the general criteria for fire prevention [the scope of the punishment [the range of the punishment] set forth in the sentencing criteria, and the types of crimes (the prevention of fire, such as the suspender building, and public structures, etc.) [the person subject to special sentencing] - In cases where the punishment is not set or considerable damage has been recovered, one year and six

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

The defendant is de facto de facto.