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(영문) 전주지방법원 2016.11.17 2016고합156
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant leased 102,00,000 won among the Doudio 20,000 rooms owned by the victim C and resided therein. On the ground that the Defendant did not clean the above 102 out of the Doudio used by other people as a residential area and did not clean the 102 out of the above Doudio used by other people, the Defendant was killed by setting fire therein.

On September 17, 2016, the Defendant: (a) around 22:10 of the above studio 102 of the studio in a room; (b) opened a variety of plastic bags, and set fire to the studio using a studio and set fire to the entire 102 of the studio through the ceiling and the wall so that the studio can be moved to the entire 102.

Accordingly, the defendant destroyed the above studio structure that other people use as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

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

1. Reasons for sentencing of the relevant Article of the Act on the Criminal Facts, Article 164 (1) of the Multiple-choice Punishment Act, and for selecting limited imprisonment;

1. Type 1 (Setting Fire to Present Living Building, Fire-Fighting of Public Structures, etc.) basic area (two to five years) (no special person) within the scope of the sentence of recommendation [the scope of recommendation] general standards;

2. A favorable condition is that the Defendant recognized the instant crime and reflected the sentence, the Defendant appears to have reached the instant crime by contingency, and the Defendant has no record of punishment exceeding the same kind of power or fine.

On the other hand, the crime of this case is likely to cause serious harm to human life and property because the crime of this case was committed by attaching fire to the room room in which many households other than the defendant live and setting fire considerably within the room in which the defendant lives, and setting fire to the corridor and other heading rooms in a sloping length, and thus, it is highly probable that the crime of this case has been committed. The defendant did not make any effort to prevent the spread of harm, such as going out for eating after the crime of this case.

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