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(영문) 청주지방법원 2015.12.24 2015고합201

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 4, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (driving) at the Cheongju District Court, and completed the execution of the sentence in the Cheongju Prison on April 3, 2014.

【Criminal Facts】

At around 14:10 on August 23, 2015, the Defendant was living together with the victim D, who is the mother of the Defendant living in the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, on the ground that “no fine shall be imposed on the Defendant.” On the ground that he was living in the victim D’s house, the Defendant: (a) went through a dispute with the victim; (b) he was living in the storage outside the said house; and (c) went into the living room in the said house; (d) went into the living room in the said house; and (e) went into the living room in the said page; and (e) put the oil into the living room in the space; and (e) put the victim away from the place of cremation; and (e) the Defendant tried to put the victim’s grandchildren back to the cremation site; and (e) the Defendant moved the victim’s grandchildren to the outside of the dwelling by attaching it to the outside of the said house; and (e) the Defendant was frighting the victim’s finger to the outside of the dwelling;

Accordingly, the defendant destroyed the above house of approximately KRW 45 million in the market price used by the victim as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site identification results, on-site photographs, response to a fire site investigation report, investigation report ( Results of requests for appraisal of ingredients), and reply to requests for appraisal (criminal records on the market);

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, investigation reports, etc. (attached to judgments, etc.);

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include discretionary mitigation.