logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.11.22 2019고합341
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of 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 with approximately five to six years of age with intellectual disability in the first degree.

On June 29, 2019, at around 23:02, the Defendant and D’s house located in Daegu Dong-gu B apartment C, and at the house where D reside, “Irrrrrrrrrrr and frrrrrrrrrhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the Defendant: (a) destroyed an apartment bank and bee part of the market price of the victim Daegu Metropolitan City owned by the Defendant, etc., which is equivalent to KRW 120,000,000; (b) caused the outer wall of the above E-dong 2 to the fourth floor to become fire, thereby making the repair cost to become approximately KRW 3,440,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to F (including attached materials);

1. Reports on internal investigation (Evidence Nos. 2, 8, 9) and investigation reports (Evidence Nos. 10, 11, 12, 14);

1. Application of statutes governing reports on results of field identification;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on Probation;

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

2. Scope of recommendations according to the sentencing guidelines (decision of types) - The general criteria for fire-fighting crimes: [Type 1] - Fire-fighting, such as suspender buildings, etc., fire-fighting [special ductator] - Reduction elements: Mental and physical disability (no person in charge of the principal): - Reduction area of mitigation area, imprisonment with prison labor for one year and six months to three years;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a period of three years under a suspended execution is that the defendant setting fire to an apartment in which he exists, and its nature is not good;

In particular, the crime of fire prevention shall be destroyed by a large fire.

arrow