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(영문) 서울북부지방법원 2019.01.11 2018고합445

현주건조물방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant was living in the 3rd multi-household apartment house in Gangnam-gu Seoul Metropolitan Government, the victim C(V, 62 years of age) and the victim D(55 years of age).

On October 19, 2018, the Defendant, at around 11:30 on October 19, 2018, entered into a dispute with the victim of friendship D, and the victim thought that he would ignore himself, but I think that he would be the victim. On the same day, at around 12:20 on the same day, the Defendant posted a stop in a kitchen which was in possession of a kitchen located in the kitchen in the kitchen of the above multi-household house, and had him go over to the entire floor of the above apartmenthouse by getting a string wall.

Accordingly, the defendant set fire to set fire so that damage equivalent to KRW 51,922,50 is caused to a building used by a person as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statementer against D or C;

1. Image photographs of the suspect, reports on field identification, copies of written estimates, and requests for field surveys by fire officers;

1. Application of Acts and subordinate statutes on reports on the occurrence of accidents (fire) and investigation reports (C counterpart investigation);

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Two to five years from the date of imprisonment for a recommended sentence on the sentencing criteria (the basic area of Type I, which consists of fire prevention, such as the present main building); and

3. The crime of this case for two years, with the sentence sentenced, was destroyed by fire in the apartment house room owned by a part of the apartment house, on the ground that the defendant had a friendly dispute with the defendant's friendship D, and the accident of this case was brought about, and such act is highly dangerous and potential to cause serious damage to human life or property due to the fact that the present main building and the fire-prevention act can be caused by the entire apartment house.

Although the Defendant was under indictment of suspension of indictment on October 9, 2012 on the condition of leading the probation office due to the charge of heating explosive objects, it is again the instant case.