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(영문) 서울중앙지방법원 2014.08.29 2014고합829

현주건조물방화

Text

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

Reasons

Punishment of the crime

On December 10, 2010, the Defendant was released on July 30, 2012 and on September 17, 2012, when he was sentenced to imprisonment for one year and six months by a Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 25, 2014, the Defendant: (a) around 23:15, the Defendant: (b) was engaged in malicious evaluation with the victim C, who is his father, with frequent fire, destroyed the structure that the victim was using as a residence, by attaching fire to the clothes inside the clothes located in the front door of the building in Gwanak-gu in Seoul Special Metropolitan City, which was found to have no victim by entering the rooftop room in which the victim of the fifth floor of the multi-household building located in Gwanak-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on the occurrence of a fire, a report on the results of field identification, and a photograph of a fire prevention site;

1. Each internal investigation report (the sequence 5, 7) and investigation report (the sequence 8 equal to the table of evidence);

1. Previouss before ruling: Application of criminal records, references to criminal records, and criminal investigation reports (the same sequence 9, 15)-related Acts and subordinate statutes;

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

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

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

1. The scope of punishment by sentence: Imprisonment for not less than one year and not more than six months but not more than 25 years;

2. Application of the sentencing criteria: type 1 (Setting of Punishment) (Setting of Fire Prevention of Present Living Building, etc., Fire Prevention of Public Structures, etc.): Reduction element: In a case where the number of persons, the number of persons, the number of persons not subject to punishment, or considerable damage has been recovered, the number of increased factors: No [Determination of the recommended sphere] mitigation area (special adjustment of the scope of punishment to be recommended] mitigation area (special adjustment of the scope of punishment to be recommended] (special mitigation of the scope of punishment to be recommended] where there are at least two special mitigations, and thus, the lower limit of the scope of punishment recommended in the sentencing criteria should be mitigated to up to 1/2.