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(영문) 울산지방법원 2020.08.21 2020고합107
현주건조물방화치상
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Punishment of the crime

On February 12, 2020, the Defendant: (a) around 19:55, at the joint dwelling space of the Defendant and the victim in Ulsanbuk-gu B apartment C, the Defendant brought about a dispute with the victim D (n, 61 years of age) who is his spouse, and economic difficulties; (b) brought gasoline stored in the Gap-gu plastic box and tried to extinguish the said residence by putting approximately 300 meters of the victim covered the victim into a single diveter after dusting the gasoline; (c) however, the Defendant attempted to extinguish the said residence by putting the diveter to a single diveter after putting the dives of the divers and electric divers, etc., which were automatically operated due to the divers with a smoke and smoke. In the process, the Defendant attempted to remove the divers and electric divers, etc., without putting the dives and electric divers to the victim for treatment for three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene and seized objects, and photographs of victims;

1. Relevant Article 164 (2) (main sentence) and (1) of the Criminal Act concerning the facts constituting an offense, and the choice of limited imprisonment;

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

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

1. Probation under Article 62-2 of the Criminal Act;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines (the decision of type) [the first type] the injury or death resulting from fire, such as the main building, etc. [the special sponsers] - the mitigation element: The mitigation area (including the recommended area and the scope of the recommended punishment] mitigation area, 2 years to 6 years [2 years to 5 years] reduction area, 2 years and 5 years (the general sponsor] mitigation element: efforts to prevent extinguishment of fire or other damage, and serious reflects (the grounds for suspension of execution of punishment) do not exist;

3. The crime of this case, which was determined to be sentenced, shall be damaged to the victim by setting fire in his/her residence where the defendant lives together with the victim who is his/her spouse.

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