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(영문) 대전지방법원 논산지원 2015.10.07 2015고합37

일반건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized Rater (No. 3) shall be confiscated.

Reasons

Punishment of the crime

[B] The Defendant divorced between C and C from 1994 to 2008. From February 2, 2015, while performing remodeling construction works at the D Care Center “A” Dong operated by the said C from around February 15, 2015, the Defendant referred to as “A” as “A” upon the request for construction work to the said C on August 15, 2015, and “A” refers to the Defendant under the supervision of other two persons, and “A would have removed the construction work cost.” In short, the Defendant was willing to neglect the said Medical Care Center “A” operated by the Defendant for remodeling.

【Criminal Facts】

around 11:00 on August 16, 2015, the Defendant opened one gasoline, which was prepared in advance, at the D’s medical care center located in Seosan City, as seen above, and distributed gasoline to the entrance door of the “A” department of the pertinent medical care center, and then sent a disposable string with a single stringter. On the part of the Defendant’s vehicle loaded with a vehicle, the Defendant destroyed the instant “A” network, entrance, floor, etc. on the part of the victim, which was located in a no more than a single string way.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and C;

1. A report on investigation (Attachment of a field photograph);

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the same Act

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

1. Application of the sentencing criteria (the scope of recommending punishment) general standards and basic areas (the term of imprisonment with prison labor for not less than one year and six months and not more than three years) (the term of imprisonment with prison labor shall be not less than one year and six months and not more than three years);

2. The crime of this case committed by the defendant who was sentenced to punishment was destroyed by setting fire to the building of the medical center, and the nature of the crime is bad in light of the place and method of the crime, and the fact that the crime may have been destroyed by a large fire and may have infringed on the life and property of another person.