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(영문) 수원지방법원 안산지원 2017.02.03 2016고합277
현주건조물방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant, as the third father between the victim C and the maternal victim D, was suffering from the usual depression, and was living in the place of residence where the victims and their parents live.

On July 28, 2016, when the defendant lacks the ability to discern things or make decisions due to the tide, the defendant was placed in the room of the defendant E in Ansan-si, Ansan-si on July 28, 2016, with a string with a string in the newspaper, and caused a fire to the entire string of the building.

Accordingly, the defendant destroyed the above residence with the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Results of fire field meals;

1. Each photograph;

1. Application of the legislation in its opinion;

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 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] and the general criteria for fire prevention [special sentencing factors] Class 1 (Setting fire to the present main building, etc.): The elements of mitigation: the source of punishment, mental and physical weakness (the scope of the recommended area and the scope of the recommended punishment], the area of special mitigation, nine months to three years.

3. In light of the fact that the crime of this case committed by the Defendant was committed by setting fire to a significant portion of his house and causing property damage that was caused by the fire, and that if the length of the fire has considerably spreaded, the Defendant’s liability may be somewhat less than the Defendant’s life.

However, the defendant made a confession of the crime and himself.

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