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(영문) 부산지방법원 2016.09.30 2016고합551

현주건조물방화

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

[criminal history] On February 13, 2015, the Defendant was sentenced to a suspended sentence of three years for a crime of murder in Busan District Court on January 13, 2015, and the suspended sentence becomes final and conclusive on December 17, 2015.

[2] On July 31, 2016, the Defendant: (a) around 19:50 on July 31, 2016, as “E” operated by D in Busan Northern-gu, Busan; (b) took his body from the body of the Defendant, and laid fire in a one-time watch box, which was possessed in order to go back to a prison, and got the fluor, with the size of 13.2 square meters and corridor, 205 square meters and the window of 303 heading room.

Accordingly, the defendant, who is used as a residence, destroyed the house that is used as a residence, by making the repair cost equivalent to the cost of KRW 18 million at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Report on the results of field identification, each fire site photograph, and notification on the results of fire appraisal;

1. Each investigation report (the sequence 4 through 8, 12, 13, 15 of the evidence list);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (Evidence List 20,21);

1. Relevant Article 164 of the Criminal Act, Article 164 (1) of the Criminal Act, and reasons for imposing sentence of imprisonment for a limited term of crime;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The scope of the recommended punishment according to the sentencing guidelines / [the type of determination] general criteria for fire prevention shall be taken into account more heavily than the person who committed the same number or any other person who committed the same act when there are multiple special sentencing factors. The general criteria for fire prevention. (Setting fire to the present main building, fire prevention of public structures, etc.) / (special sentencing factors) self-denunciation (special sentencing factors), motive for crime [the recommended territory] increased area (the same number of special sentencing factors shall be considered when there are multiple special sentencing factors.)

In the instant case, “self-denunciation” is an offender/other person, and “an motive for committing a crime that may be criticized,” and thus the scope of the recommended punishment is an aggravated area [the scope of the recommended punishment] 4 years to 7 years] imprisonment

3. The sentenced defendant wants to go to a prison.