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(영문) 대전지방법원 천안지원 2016.07.13 2016고합95

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 May 13, 2016, the Defendant, while under the influence of alcohol on around 05:0, the Defendant, who was under the influence of alcohol, divided the password of the front door to enter into 107 Dong-dong, Nam-gu, Nam-gu, Nam-gu, Seoul, the Defendant’s house, but the front door locker was not opened, and the Defendant’s wife, E was replaced with the front door door password, and the Defendant’s wife was dissatisd with the above apartment.

The defendant lowered to the 1st floor of the above apartment and purchased one stringter from the convenience store in front of the apartment, and again put a string of the defendant's house into the front corridor and a place where it was located. The defendant put a string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the st

Accordingly, the defendant destroyed a building that a person uses as a residence or a building in which a person exists.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of I, J, F, and G;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following 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. Article 62-2 of the Criminal Act on the observation of protection;

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

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

2. Application of the sentencing criteria [the type] fire prevention, general standards, type 1 (Setting fire, such as the main building, and setting fire, such as public structures) [the person with special mitigation] punishment, and where considerable damage has been restored [the area of recommendation and the scope of the recommended punishment].