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(영문) 청주지방법원 충주지원 2016.09.01 2016고합39

현존건조물방화

Text

A defendant shall be punished by imprisonment for two years.

One ter (No. 1 liter) seized stebre shall be confiscated.

Reasons

Punishment of the crime

The Defendant requested C (V, 58 years of age) who had been aware of about three years prior to the Defendant’s delivery, but C was not in response to the Defendant’s request, which led C to mind that C’s “D dan bar” operated by C was put in place.

At around 15:55 on July 5, 2016, the Defendant demanded C to return to “D dan” of the operation of the E 2nd floor in Chungcheong City, but C destroyed the said commercial building so that C would have approximately KRW 1,200,000 for repair cost by putting the entrance of the said dan and setting the door into a locking and locking house. On the ground that C had been prepared in advance to set up the Gael or 1 liter, which was in possession of the Gael or 1 liter, and attached it to the entrance and signboard of the said “D dan”, which had been moved to the door and signboard of the said “D dan”.

Accordingly, the defendant set fire to and destroyed the existing 19 buildings, such as C, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Seizure records;

1. A report on investigation (a written estimate of damage);

1. Application of Acts and subordinate statutes to field photographs, suspect image images, suspect shotgraphic photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the general criteria for fire prevention (the determination of the recommended sphere) (the determination of the recommended sphere), the basic area (the scope of recommendations), the basic area (the determination of the recommended sphere), shall be two years to five years.

3. The determination of a sentence of fire-fighting may cause serious harm to the lives and property of many and unspecified citizens, and the Defendant committed the instant crime in a planned manner, such as purchasing a believers and ter, and completely has not been recovered from damage.