beta
(영문) 광주지방법원 순천지원 2013.09.05 2013고합108

현주건조물방화

Text

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

Reasons

Criminal facts

Around 01:40 on December 1, 2012, the Defendant reported to 119 and arrived at the first aid unit by reporting it to 119, while the Defendant reported it to 119, at the house where the Defendant and the Defendant’s mother D live together.

However, as D does not go out of the house, D did not go to the hospital, the Defendant used gas bags in the above house, put a fire into a stop box at the entrance of the entrance inside the above house, put the gasoline included in the above house into the wall of the non-breadth, and let it spread to the above house warehouse, etc.

Accordingly, the defendant destroyed the above structure that D uses as a residence.

Summary of Evidence

Defendant’s legal statement

Article 53 and Article 55 (1) 3 of the Criminal Code for Discretionary Mitigation of Imprisonment) of the Act on the Punishment of the Crime by Fire Site Investigation and the Reasons for sentencing of Article 164(1)3 of the Criminal Code for Discretionary Mitigation of Sentence 164(1) of the Criminal Code (the following favorable circumstances presented in the reasons for sentencing)

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended sentence according to the sentencing criteria: Imprisonment with prison labor for two to five years (determination of a type), fire prevention, general standards, Type 1 (Setting fire, such as present main building, fire prevention of public structures, etc.) (the scope of the recommended area and the recommended range), basic area, and two to five years.

3. In light of the fact that the crime of this case, which was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.) on July 22, 2010, committed the crime of this case during the suspension period of execution, even though the Defendant was sentenced to imprisonment with prison labor for a period of two years, and for a period of four years, inasmuch as the crime of this case was committed, which is highly dangerous to public safety and peace, and may cause serious harm to neighbors' lives and property by causing a large number of times.