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(영문) 광주지방법원 해남지원 2018.01.24 2017고합43
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is living in a mixed person in the 66.82m2 roof 1st floor area in South Do, Nam-do, with a 66.82m3,00 square meters, which is located in Seoul.

On December 10, 2017, around 18:30 on December 10, 2017, the Defendant: (a) attached a gater, which was kept in his possession of the fluor, on the ground that his family did not listen to his speech; (b) attached the fluor to the fluor, and caused the fluor to spread to the entire building through the wall of the house; and (c) destroyed the fluor by burning the fluor to the entire building.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a fire;

1. On-site reports on results of field identification, site photographs, etc.;

1. Application of Acts and subordinate statutes to fire site surveys;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended punishment on the sentencing criteria [the types of decisions] fire-fighting crimes, general standards, type 2 (Setting fire to general buildings, etc.) [the person who is subject to special sentencing] mitigation factors: The number of persons who are not subject to punishment, the number of persons who voluntarily surrenders [ the scope of recommended punishment] mitigation areas: One year to two years.

3. The crime of this case committed by the defendant who was sentenced to punishment of this case was committed by setting fire to the house in which he resides and setting fire to the inside and thus causing public danger to nearby other houses, and is more severe.

However, on the other hand, it appears that the defendant's mistake is divided in depth, the family members of the defendant are faced with the economic difficulties of the defendant, and the defendant's fire prevention does not spread to neighboring houses, etc., and there was no additional damage due to early extinguishment of the fire.

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