logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2014.10.23 2014고합63
일반건조물방화등
Text

A defendant shall be punished by imprisonment for one year.

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

1. From March 2014, the Defendant: (a) from around March 1, 2014, the Victim B worked as the crew member of C, who is the owner of the vessel; and (b) experienced conflicts with the victim; and (c) requested the Defendant to stop boarding the vessel to C any longer on June 18, 2014; (b) the victim was fluentd with the victim.

On June 19, 2014, around 18:15, the Defendant: (a) attached four lines of fishing ropes, approximately 30 strings of plastic materials, approximately four strings of strings of strings of strings, and four strings of strings of strings of strings to the entire length of the goods.

Accordingly, the Defendant destroyed the fire by burning an object equivalent to KRW 4,00,000, which is the victim's market price.

2. On June 19, 2014, the Defendant: (a) around 18:30, at the seafarers’ accommodation owned by the victim B, the Defendant attached a fire to the string floor and the wooden material wall, for the same reason as the above paragraph (1), from the seafarers’ accommodation owned by the victim B, for which he had it spread to the string floor and the wooden material wall.

Accordingly, the defendant destroyed the building owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigative report (Hearing statements by victims and police officers);

1. Two copies of invoice;

1. Application of the photographic Acts and subordinate statutes;

1. Article 167 (1) of the Criminal Act (the occupation of general goods and fire prevention) and Article 166 (1) of the Criminal Act (the occupation of general buildings and fire prevention) of the relevant criminal facts;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Concurrent Crimes within the scope of adding up the long-term punishments prescribed in the general building and fire-prevention heavier punishment) of the Criminal Act;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. Application of the sentencing criteria;

(a) Basic crimes: general crimes of fire prevention of buildings (determination of type), general standards, and type 2 (Setting fire to general buildings, etc.).

arrow