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(영문) 광주지방법원 순천지원 2014.05.01 2014고합44

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

Criminal facts

On February 1, 2014, around 15:15, the Defendant: (a) at the Defendant’s house located in net-si C Apartment 101 Dong 1102, the Defendant left the house on November 2013; (b) on the ground that his wife did not contact with him, and his wife did not leave the house early on his name on his own; and (c) on the ground that his wife left the house on his own name, and he left the house on his own; and (d) his wife laid down his clothes at the above house, he laid down his clothes on his clothes to his influor and her influor, attached his fire to his influor’s clothes.

As a result, the Defendant destroyed the above C Apartment 1102 of 101, which is used as a residence by many people, about KRW 480,000 of the repair cost.

Summary of Evidence

Defendant’s legal statement

Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation of the amount of punishment under Article 164(1) of the Act for the criminal facts subject to investigation report (in relation to attachment of a field photo, copy of a written confirmation of admission and a written estimate), investigation report (in relation to attachment of a field photo, a copy of a written confirmation of admission and a written estimate), and the reason for sentencing under Article 48(1)1 of the Criminal Act for the crime subject to forfeiture of Article 62-2(1) of the Criminal Act for probation under Article 62(1) of the Act for Suspension of Execution (hereinafter the following extenuating circumstances among the reasons for sentencing) of the Criminal Act (hereinafter referred to as

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

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for a year and six months to three years (decision of a type), fire prevention, general standards, type 1 (Setting Fire to Present Living Building, etc.): Where actual damage is minor, where considerable damage is recovered (decision on the area of recommendation and the scope of recommendation), special mitigation area, imprisonment for a year and six months to three years (the minimum limit of punishment by law is lower than the minimum limit of the punishment by law, revision to the minimum limit of the punishment by law);

3. As to the crime of this case, among apartment buildings used by many people as dwelling, the crime of this case is a matter that causes danger to the lives and property of many people by setting fire under 1102 where the defendant lives among apartment buildings used as dwelling of many people, and the quality of such crime is not weak;

(b).