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(영문) 광주지방법원 해남지원 2016.11.09 2016고합42

현주건조물방화치상등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

On June 7, 2016, at around 20:07, the Defendant driven a 100-wheeled Batotob, and went to the house of C located in the westnam-gun of 100 meters away from the 2km, while the Defendant was under the influence of alcohol level 0.094%, which caused disputes over C and C by telephone in the Defendant’s residence.

The Defendant: (a) prepared while eating in C, E, F, etc., while serving meals on the floor; (b) destroyed part of the housing owned by the victim C by attaching fire to gasoline and visiting the floor, carpets, and ceiling, and caused injury to the victim E, such as visual images, etc., which require approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, E, and C;

1. On-site reports, reports on results of the control of drinking driving, reports on the circumstantial statements of drinking drivers, and reports on fire investigations;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and the first sentence of Article 164 (2) and the first sentence of Article 164 (1) of the Criminal Act (the fact of causing death or injury to the present building, the choice of limited imprisonment), and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Imprisonment with prison labor for a period of two years and six months and March 15;

2. Application of the sentencing criteria;

A. 1) The crime of causing bodily harm to the present building (the decision of type) and the crime of causing bodily harm to the present building (the crime of causing bodily harm to the present building, etc.) and the first type (the special person), the punishment is not imposed (the scope of punishment to be mitigated, the offender/other), [the scope of punishment to be recommended], and two years and six months and five years).