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(영문) 서울중앙지방법원 2020.11.05 2020고합818

현주건조물방화

Text

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

Reasons

Punishment of the crime

From July 7, 2020, the Defendant paid a monthly rent of 400,000 won in the multi-family house B located in Dongjak-gu Seoul Metropolitan Government from around July 7, 2020, and the above multi-family house has a total of 14 households, such as 4 households, 4 households in the first floor, 4 households in the second floor, 4 households in the second floor, and 2 households in the third floor.

On September 12, 2020, at around 04:08, the Defendant had a view to retaliation against neighboring residents on the premise that there is a common studio studio studio studio of the Defendant, and had him prepared a newspaper and a studio in advance and had him prepared an opportunity to do so. On September 12, 2020, on the part of the Defendant’s dwelling, the Defendant had a studio studio studio studio with a studle with a studle, a studle, a window, etc. attached to it.

Accordingly, the defendant destroyed the above multi-family house used as a residence by setting fire to the repair cost of 5,250,000 won.

Summary of Evidence

1. Statement of each police statement of the defendant E in court;

1. Application of the written estimate of construction expenses to a police report (including a report on processing a fire (including a report on 112 reported case list attached thereto and a report on the field identification), a police internal investigation report (C tenant A's relocation routes before and after a fire occurs);

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. One year and six months to 15 years from the date of imprisonment with prison labor for the legal grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing), among the reasons for sentencing, one year and six months to 15 years;

2. The scope of recommendations according to the sentencing guidelines (decision of types) [the scope of recommendations] according to the sentencing guidelines and the general criteria [the category 1] and the absence of fire prevention [the special sponsor], such as the main building, the prevention of fire, public structures, etc. [the decision of the recommended area] basic area [the scope of recommendations] 2 years to 5 years.

3. The crime of this case, which is determined to be sentenced, is that the defendant destroyed a multi-family house in which many people live and causes property damage equivalent to KRW 5,250,00,000, in light of the time and characteristics of the place of the crime.