logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.06.13 2013고합258
현주건조물방화
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2013, the Defendant: (a) around 01:15, at the Defendant’s house of the E-owned multi-family house No. 102, the victim D, etc. residing in Bupyeong-gu Incheon Metropolitan City, and destroyed the wall, ceiling, etc. by putting about approximately KRW 4,383,00,00, the Defendant’s house owned by 9 persons, including the victim D, etc., living in Bupyeong-gu, Incheon, by drinking and working under the influence of alcohol, and committing suicide; (b) cutting the gas ice connected to the gas siren located in the kitchen; and (c) cutting the gas ice into a newspaper; and (d) moving the fire attached to the gas ice into a newspaper; and (d) cutting down the wall, ceiling, etc. into a newspaper.

Accordingly, the defendant set fire to the building in which the victim D et al. reside.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site identification, reporting on results, and application of statutes governing field photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Probation Criminal Act is a multiple households in which many people live, and thus, the crime of this case cannot be deemed to be less than that of the crime in light of the degree of increase of public danger resulting therefrom.

However, the defendant is directed toward his living and is not infinite to his place.

In the process of attempting suicide, contingently resulting in the crime of this case, the owner E of the damaged building, resident D of the same building, F does not want the punishment of the defendant under an agreement with the defendant, and there is no criminal conviction exceeding the same kind of criminal record or fine, and all of the defendant confessions the crime of this case and reflects their depth, etc., shall be considered as a favorable condition for the defendant.

The age, character and conduct, environment, and crime of the defendant.

arrow