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(영문) 전주지방법원 2016.04.15 2016고합17
현존건조물방화치상
Text

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

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2016, the Defendant: (a) around 04:00 on February 9, 2016, at the “E” entertainment point for the Defendant’s operation on the first floor of the underground floor of the building owned by the Victim D located in YY-gu Seoul Special Metropolitan City (hereinafter “E”); (b) on the part of the Defendant’s wife, misunderstanding that the Defendant and his employees were in a resistant relationship; (c) on the part of the Defendant’s wife that the Defendant was in a resistant relationship; and

Dr. Dr. Dr. L. L. L. L.C.

“The head of a local government,” and the head of a local government, as the head of a local government, had the head of a local government, and the head of a local government, with the head of the local government, posted the head of the local government, to the head of the local government, to the head of the local government.

As a result, the Defendant destroyed the building owned by the said F in excess of approximately KRW 54,40,00,000 for repair, and caused the victim F to suffer approximately KRW 2 weeks of inhaled images, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, G, and H;

1. Each investigation report (related to submission of a written estimate for damage to the owner of a building, attaching a copy of a certificate of medical treatment and medical records of the victim, submission of a medical certificate, and submission of a medical certificate);

1. Application of Acts and subordinate statutes to fire investigation reports and diagnostic certificates;

1. Article 164 (2) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense (Selection of imprisonment with labor for a period of time);

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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

2. Application of the sentencing criteria;

(a) One type (the injury resulting from fire prevention, such as the main building, etc.) [the person who has been specially mitigated] [the scope of punishment], minor injury [the scope of punishment], the area of special mitigation, one year and three months to five years (the scope of punishment corrected by the applicable sentences under the law], and two years and six months to five years; and

(b) copies of suspension of execution;

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