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(영문) 대전지방법원 논산지원 2018.01.10 2017고합65
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

A defendant and C are in a de facto marital relationship from about 18 years ago, and the victim D is the owner of the defendant's residence in Chungcheongnam-gun E 103.

On July 31, 2017, the Defendant: (a) while drinking C and alcohol in a residential area around 02:00, C was the Defendant “(here parents) was unable to undergo self-education.”

“Along with the Defendant’s parents’ desire, the Defendant’s parents were dissatisfied with each other, and, at the same time, C spread approximately 1 liter of gasoline on the floor of the living room to the entire building of 40 square meters of the total floor area of the 1st floor through the floor and the wall of the living room with a baler and the entrance attached to the living room.

As a result, the Defendant, together with C, destroyed the victim's house worth KRW 20 million at the market price of the victim's ownership, which is used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Police seizure records and list of seizure;

1. Application of statutes on the site photographs of the case

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. Application of the sentencing guidelines [type determination] Class 1 (Setting Fire to Presenter Buildings, etc.): Where punishment is not imposed or considerable damage is recovered (in the area of recommendation, scope of recommendation), mitigation area, one year and six months to three years [whether suspension of execution is suspended] - There is no history of criminal punishment - there is no history of criminal punishment where punishment is recovered or considerable damage is recovered; contingent crimes are obvious and contingent.

3. Determination of sentence;

A. The crime of fire prevention against the suspender building is an unbrupted large number of life and property.

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