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(영문) 춘천지방법원 강릉지원 2019.07.25 2019고합15
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

around July 2018, the defendant is married with the victim B and is living together with the victim in the East Sea C Apartment D in the East Sea, which is owned by the defendant.

On January 23, 2019, the Defendant: (a) around 02:20 on the apartment building D above; (b) around 02:20 on January 23, 2019, the police officers called out after receiving the 112 report from the victim and the husband and wife fighting sent the victim with a fluence, and attached a fluor, which turn on the gas of the main gas room; and (c) attached a fluor, fluor, with a fluor, fluor, with a fluor, fluor, with a fluor

Accordingly, the defendant destroyed the above apartment D that the victim uses as a residence by making the above apartment D to be repaired in the city.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of statutes on site photographs;

1. Article 164 (1) of the Criminal Act applicable to the 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

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

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the general criteria for fire-fighting crimes shall be the type 1 (Setting Fire-Fighting, etc.), the element of mitigation of punishment (the scope of recommendations and recommendations), the area of mitigation of punishment (the scope of recommendations and recommendations), the area of mitigation of punishment, and one year and six months to three years.

3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.

D. Unfavorable circumstances: The Defendant committed the instant crime using clothes, etc. inside the apartment in which the Defendant resides together with the victim, and thus, is a large number of victims.

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