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(영문) 대전지방법원 서산지원 2015.01.22 2014고합134
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

On July 11, 2014, at around 13:15, the Defendant: (a) 402 of the Sinjin-si Building, after drinking alcohol with her husband due to fire with her husband in his 402 place of residence; (b) taken the ice ice ice in the car book in the car book, and attached a fire on the inside of the west and attached a fire on the inside of the west, thereby allowing the Defendant to flow to the inside of the house through the wall.

Accordingly, the Defendant destroyed the building and internal facilities used by husband D, etc. as a residence, which are owned by E and damaged by the fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Fire site survey report and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of suspect A-recording files and reports on results in field identification);

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a normal reference in the sentencing that is favorable to the accused among the reasons for sentencing below):

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

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

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Where the mitigated area (one year and six months to three years), in the mitigated area (special imprisonment), (a person subject to punishment] of punishment or a considerable part of damage has been restored, due to the application of the sentencing guidelines (the scope of recommending punishment) general standards and the mitigated area (the prevention of fire, such as the present main building, etc.); and

3. The Defendant’s crime of this case with her husband and her husband is a fire in a house in which the Defendant was living together with her husband and her husband, and if her toe, the total length of the apartment house in which many people live is spreading and the risk of property damage as well as human life damage is high, the nature of the crime and the her criminal administration are not easy

However, even though the defendant's family lives, the inside of the house in which other persons reside except for the house in which the defendant's family lives, there was no loss of human life except the defendant himself/herself, and the damaged apartment house.

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