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(영문) 부산지방법원 2016.01.29 2015고합650

현존건조물방화

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:50 on October 25, 2015, the Defendant: (a) destroyed the existing structure that the above E, etc. damaged the total amount of damage by 10,080,000 won by putting about 5 minutes in the part adjacent to the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the city, where the Defendant was able to enter the bend in the 20:50,000,000 won for a total of damage amount of KRW 1,08,00,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Records of seizure and the list of seizure, each fire site photograph, each CCTV image, a rash photograph, and the reproduction photograph of each crime;

1. Application of Acts and subordinate statutes to each investigation report (No. 3,5,11,13,15,20,22 of the evidence list);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the 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. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommending punishment: In cases where one year and six months from six months to three years, and the reduction area [type] general standards (Setting fire to the present main building, etc.] type 1 (person subject to special mitigation] (Setting fire to the present main building, etc.), punishment is not granted, or considerable damage has been restored.

3. The crime of fire-fighting, such as this case’s sentence, is highly likely to infringe on the lives and property of many and unspecified persons and public safety, and the crime’s nature is somewhat weak in light of the following: (a) the Defendant, on the ground that a large number of people have come to the existing influences solely on the ground that the Defendant was in a timely manner, and (b) throw away away from the influence, and the circumstances after the commission of the crime are not good.