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(영문) 대구지방법원 안동지원 2013.07.26 2013고합37
현주건조물방화
Text

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

Reasons

Punishment of the crime

On June 12, 2013, at around 23:25, the Defendant considered that the husband victim D (year 57) of the Defendant’s husband of the Defendant, who was living together with the Defendant, treated the Defendant as a mentally ill person, disregarding the Defendant, and the Defendant was hospitalized at a mental hospital on the day of the instant case, and that the Defendant was able to do so on the day of the instant case, and that the Defendant was flicking on the location of the newspaper and the clothes in the house, and that the Defendant was placed on the gas park in the main room, and that the Defendant was flickly transferred to the natural park in a influent length.

Accordingly, the Defendant destroyed the cement brick structure housing owned by the Defendant and the victim as a residence, and the market price of household electric appliances, including refrigerants and refrigerants in the house was 30 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to D and E;

1. Each entry in the investigation report (in relation to attachment of photographs on fire prevention sites), investigation report (in relation to attachment of photographs on the scene of crimes committed by a suspect);

1. Application of the Acts and subordinate statutes indicating the result of fire field identification;

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. Reasons for sentencing in consideration of the following favorable circumstances under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation:

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. Scope of sentence according to the sentencing guidelines (decision of type): Fire-fighting crimes, general standards, fire-fighting (type 1), such as suspender buildings, etc. (type 1): Reduction factors: Reduction factors: Reduction factors: where the amount of damage is large, or where serious damage to victims is caused (the scope of recommending punishment) by imprisonment for not less than 2 years but not more than 5 years (basic area);

3. The Defendant, who was sentenced to sentence, had prepared to flee after committing the instant crime on the ground that the victim, her husband, was hospitalized in a mental hospital due to a usual violent tendency, and had committed the instant crime committed in a planned manner. The motive and circumstances of the instant crime are as follows.

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