Text
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 11:30 on January 6, 2019, the Defendant set fire in the farmland of the Defendant at the victim C, which is located in the Sinsan-si B, Goyang-si, Goyang-si, in order to care for and eliminate the pests, the Defendant set fire by using the bridges.
In such cases, the defendant has a duty of care to take necessary measures to prevent transfer of fire to the victim's plastic houses, etc. while taking the direction of wind, the state of cruelness, etc.
Nevertheless, the Defendant, who neglected this, destroyed the repair cost so that it is impossible to identify the amount of money by allowing C, etc. to move to the whole of the said plastic houses used for residential purpose by gross negligence, which is the one of the ridges.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. An on-site inspection report and a fire site inspection report;
1. Application of Acts and subordinate statutes on site photographs;
1. Article 171 of the Criminal Act and Articles 170 (1) and 164 of the Criminal Act concerning the applicable criminal facts, the choice of punishment by imprisonment without prison labor;
1. The defendant's negligence on the occurrence of a cause of a fire for sentencing under Article 62 (1) of the Criminal Act is heavy, and the building used as a residence is completely destroyed and a considerable property damage was incurred;
On the other hand, it is against the defendant's wrong recognition.
In addition, the instant case did not cause harm to another person’s life or body.
In this case, efforts are shown to recover damage, such as deposit of KRW 50 million for substantially damaged C.
The sentence as ordered shall be determined in consideration of all the sentencing factors shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and the circumstances after the crime.