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(영문) 인천지방법원 2018.08.16 2018고합259
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

The defendant is a person who resides as a tenant under 102 of the Bupyeong-gu Incheon Metropolitan City D Multi-household Housing owned by the victim C.

On September 18, 2017, around 22:40, the Defendant: (a) received Kakao Kakao Stockholm from E, who promised marriage, and (b) transferred 102 to a small number of rooms, a ward, etc. containing a cremation site by attaching a fire to a plastic sanitary package containing a drama, and (c) made the Defendant move 102 and 2 parts of the entire 102 stories.

As a result, the defendant destroyed part of the above multi-household housing used by the victim and his family members as a residence to the extent that property damage equivalent to 26.2 million won is caused.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. In cases of a reply, such as a report on the occurrence of a fire, a report on the situation, a report on the results of field identification, a response to a request for appraisal, etc., and a reply following a request for response to a fire identification;

1. Application of Acts and subordinate statutes to each investigation report (the status of mobilization, victim's statement, suspect interrogation report, etc., the results of an appraisal by the National Scientific Investigation Institute, a part-time summary of the results of identification at the scene of fire (the final conclusion of fire prevention));

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the general criteria for fire prevention [the scope of the punishment [the scope of the recommended punishment] and the factors for mitigation of punishment: In the case where the punishment is not imposed or considerable damage is recovered, the area of mitigation of punishment [the scope of the recommended punishment], one year and six months to three years in imprisonment.

3. Determination of sentence: The crime of this case 3 years of suspended sentence in one year and six months of imprisonment is likely to undermine the public safety and peace, and the life and property of a large number of people.

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