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(영문) 인천지방법원 2019.09.19 2019고합263
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is a person who has undergone a diagnosis of the injury or illness.

On November 27, 2018, at around 23:20 on November 27, 2018, the Defendant: (a) reported the article that “the Prosecutor had taken advantage of” from TV in a newspaper located in a residential area without any justifiable reason while her mother was going out from the room of the Victim LH building D located in Michuhol-gu Incheon Metropolitan City; and (b) attached it to the entire residential area by inserting it under the supervision of the bed and then transferred it to the entire residential area.

Therefore, the Defendant destroyed the fire by setting the inside of 51 square meters of C Building D, which is equivalent to the market price of 29,000,000 won that people use as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A fire site survey report;

1. Application of the written estimate for damage;

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

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

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of recommendations [Article 1] the general criteria [Article 1] There is no person who has a basic area (the area of recommendations and the scope of recommendations], basic area (the area of recommendations and the scope of recommendations], and the prevention of fire, such as main buildings, buildings, etc., public structures, etc.; two to five years.

3. Determination of sentence: Imprisonment with prison labor for two years, suspension of execution for three years, and probation for the Defendant, without any reason, destroyed all the inside of the house in which the Defendant was living, and the occurrence of a large fire and may cause serious damage to life, body, or property.

Fire-fighting crime is a crime detrimental to public safety and peace, and it is not simply an infringement of an individual's property, but it is predicted to life, body, and property of the public.

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