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(영문) 의정부지방법원고양지원 2020.12.22 2020고합255

일반물건방화등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2020, the Defendant was married with his wife B, and around August 6, 2020, B took children to avoid the Defendant’s disturbance, and the family members of B moved to the 1st △△△△△△△, Seoyang-gu, Seoyang-gu, Seoyang-gu, Dayang-gu, 1st 1st Do.

1. On August 7, 2020, the Defendant fire general goods: (a) around 03:05, around 03:05, the Defendant: (b) destroyed a fire by setting fire to the head of a baby who was possessed by B and the victim D, etc., who was his or her own child and went out of the house, and thus, (c) caused public danger by setting fire to the head of a baby, who was in his or her possession and carried his or her own child on the part of his or her mother, in view of the fact that he or she could come out of the house.

2. The Defendant destroyed special property by setting up stones, which are dangerous objects in the nearby fireproof group, several times outside the building of the same time or building of the above-mentioned Cdong building, and destroying their utility.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report (Evidence No. 9), investigation report (Evidence No. 6, 12, 13, 14, and 19) (Evidence No. 6, 12, 13, 14, and 19) on the domestic violence risk investigation table, 112 report handling table, request for emergency hospitalization, fire site investigation document, on-site photograph and photograph within B submitted;

1. Relevant legal provisions concerning facts constituting an offense, Article 167(1) of the Criminal Act (the point of preventing general goods), Articles 369(1) and 366 of the Criminal Act (the point of causing damage to special property and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of arsoning general goods heavier than punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (General Goods Fire Prevention) (Determination of type), general, fire-prevention crime;