현주건조물방화
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Punishment of the crime
On January 27, 2018, while under the influence of alcohol, the Defendant, while entering the main points of “D” located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, was aware that he did not want to live due to his employee’s desire to listen to it. On the other hand, the Defendant was willing to commit suicide by entering the “G” telecom operated by the F in Yongsan-gu, Seoul, in which he knows.
At around 08:50 on January 27, 2018, the Defendant attached a fire to the suspension of the bruma which was in possession of the instant “G” telecom 102, and had it spread to the beds, floor board, etc. inside the instant guest room in a French length by attaching a fire to the bruma suspension.
As a result, the Defendant destroyed part of the above bed and floor board of KRW 30,000 won in total, which is the market price of F owned by other guests than F and other guests used for residential purpose.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. The criminal place, voluntary accompanying report, investigation report, investigation report (the confirmation of genes), each investigation result report, and investigation report (as to the reinforcement direction)
1. Application of statutes on site photographs;
1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. Where the mitigation area (one year to six years), such as mitigation area (one year and six months from June to three years), a person who is not subject to punishment, or a considerable damage has been restored to a considerable part, due to the application of the sentencing criteria [the scope of the recommended punishment] general standards.
3. Circumstances disadvantageous to the determination of sentence: The instant crime is a matter of setting fire at the guest room of the Moel where many people were accommodated, and the fire-fighting crime is a large and dangerous person’s life and injury to the public safety and peace.