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(영문) 의정부지방법원 2016.07.20 2015고합430

일반건조물방화등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

In light of the motive of the crime and the method of the commission of the crime, etc., the crime is very poor in light of the motive of the crime, the method of the commission of the crime, etc., since the defendant was not in the warehouse of this case for the purpose of receiving insurance money.

In addition, property damage caused by a fire-fighting crime is not significant, and if the fire of this case was not discovered early, it would have been likely to cause enormous damage to neighboring buildings, etc., and even though the defendant does not repent of his mistake at all, and is consistent with the attitude of defending the defendant for several different reasons depending on the situation, it is necessary to punish him/her for strict punishment.

However, the crime of fraud of this case is an attempted crime, and as to the warehouse of this case, D, the owner of the building, appears to have been recovered from the damage by receiving some insurance proceeds through the mortgagee, and there is no criminal record exceeding the same criminal record or fine, etc., under favorable circumstances.

All of the sentencing conditions shown in the records of this case, such as the circumstances leading to the crime of this case and the circumstances after the crime of this case, the age, sexual conduct, exchange awareness, and sexual conduct, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court (at least two years and six months of imprisonment);

1. General crimes against fire-prevention of buildings: Fire-prevention crimes, general standards, type 2 (Setting fire to general buildings, etc.), the area of aggravation (the motive for special aggravation): Imprisonment with prison labor for not less than two years and six months to five years;

2. The sentencing criteria shall not apply to the attempted crimes of fraud.

* Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years and six months (the general structure and fire-prevention of which the sentencing criteria are set and the attempted fraud to which the sentencing criteria are not applied are concurrent crimes under the former part of Article 37 of the Criminal Code, so the lower limit is based on the lower limit of the sentencing range in the sentencing criteria for the crimes of fire-prevention of general structures for which the sentencing criteria are set).