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(영문) 울산지방법원 2020.11.06 2020고합179
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who resides in the second floor located in Yangsan-si, and the first floor of the above building was used as a restaurant of "C" operated by the defendant and the defendant's wife, and the second floor was used as a house in which the defendant and the defendant's wife reside.

At around 09:30 on June 2, 2020, on the ground that the defendant's wife raised a challenge against the defendant's wife on the first floor of the above building "C", the defendant's wife opened the house to the floor of the house in which the house was located, had the defendant's belongings, such as fishing banks, and laid the house inside the above restaurant, and caused the defendant's gathering, and the defendant's removal was made by attaching fire to the above possession by attaching it to the above restaurant floor, the upper part of the house, etc.

Accordingly, the defendant destroyed the above building that he uses as a residence by setting fire to make it difficult to repair expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the damaged site;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime (fire), investigation report (fafaging off CCTV images and attaching photographs and CDs, attaching photographs confirmed by CCTVs, and attaching copies of the same amount in a suspect’s residence);

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

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of recommended sphere and the range of recommended punishment], and one year and six months to three years in imprisonment, where fire prevention factors, such as the range of recommendation [the category 1], the range of punishment [the range of recommendation sphere and the range of recommended punishment], the range of fire prevention crimes, such as suspender buildings, etc., the prevention of fire, public structures, etc. (the special sentencing factors]

3. The instant crime of this case, which was determined to be sentenced, was destroyed by the Defendant’s spouse and residence.

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