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(영문) 제주지방법원 2015.01.29 2014고합186
일반건조물방화등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The general building fire defendant is a school system under the premise of marriage with the victim C, and the victim was a prefabricated-type detached house with the floor area of 82 square meters on the D, Jeju-si.

On May 29, 2014, at around 19:40 on May 29, 2014, the Defendant: (a) transported the foregoing house to be 16,146,100 won for repairing the house by attaching the fire to a strawer, which he had been in possession of the house inside the said house, with the string and cremation site, which had been in possession of the house in the Defendant’s house, and then destroyed the said house to be in excess of 16,146,100 won.

2. Around 22:00 on May 29, 2014, Defendant 2: (a) driven an E1 ton cargo vehicle while under the influence of alcohol for 30km from May 29, 2014 to May 56, 201, via Han River, Han River, and Han River, from May 56th, 201, via the coast of the 56th century, in a state of alcohol for blood alcohol concentration 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a disaster, a criminal investigation report, an investigation report (related to attachment of field photographs);

1. Application of Acts and subordinate statutes to reports on detection of drivers, circumstantial reports on drivers, and comprehensive reports on fire occurrence;

1. Relevant Article of the Criminal Act, Article 166(1) of the Criminal Act (the point of general buildings and fire prevention), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment) concerning criminal facts. The prosecutor indicted the prosecution by stating the applicable provisions to the charges in this part as prescribed in Articles 148-2(1)1 and 44(1) of the Road Traffic Act, but it appears that it is a clerical error due to a simple error;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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. Suspension of execution;

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