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(영문) 대전지방법원 천안지원 2017.09.27 2017고합191
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 a person who gratuitously resides in a house owned by the victim D (V, 70 years old) in Asan City.

On January 19, 2017, at around 07:00, the Defendant, at the place of residence of the above Defendant, attached the tear with tear for the purpose of committing suicide, and had it spread to the house inside the house with fire, clothes, etc. located in the living room.

Accordingly, the defendant set fire by setting fire to a size of 50 square meters which is equivalent to 572,00 won at the market price of some housing owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on results of field identification, and photographs attached to reports on results of field identification;

1. A fire site survey report;

1. Investigation reports (investigation at the site of the case), and reports on the occurrence of a fire;

1. Application of the Acts and subordinate statutes to the field of the case, photographic photo, and site photo

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 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. Application of the sentencing criteria [the types of decisions] general criteria for fire prevention, and class 2 (Setting fire to general buildings, etc.) [the person subject to special sentencing] mitigation elements: in the event that actual damage is insignificant, in the event that actual damage is minor, the penalty is not imposed, or damage has been restored to a considerable part (the decision in the sphere of recommendation] Special mitigation area [the scope of recommendation] to not less than 6 months, and not more

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and the crime of this case in which the defendant is living for the purpose of committing suicide.

The fact that if a fire was not extinguishing early, it is highly likely that another damage was caused to neighboring buildings, etc., and that the defendant was punished for the crime of fire-prevention of the suspender building in 2006.

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