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(영문) 제주지방법원 2020.04.09 2020고합14
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

Around 08:17 on January 20, 2020, the Defendant: (a) was a person who resides in the 7th floor of the victim C, which is operated by the victim C, and was under the influence of alcohol, and the mother of the victim who operated the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Efagics of DNA CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (verification of the status of damage inflicted on this case);

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the general criteria [the category 1] that there is no person who has a basic area [the scope of the recommended area and the range of the recommended punishment], the basic area, such as main buildings, fire prevention of public structures, etc. [the scope of the recommended area and the range of the recommended punishment], 2 to 5 years [the scope of the recommended punishment corrected by the applicable sentencing guidelines] imprisonment for 3 to 5 years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and therefore the minimum of the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Imprisonment with prison labor for three years and the age, character and conduct, environment, family relationship, motive, means and result of a crime, and the circumstances after a crime are committed shall be determined as ordered in comprehensive consideration of the following circumstances:

A favorable circumstance: The defendant is the case.

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