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(영문) 대구지방법원 2017.06.02 2017고합105
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

From August 6, 2016, the Defendant, as a foreigner of the four arms nationality, was a worker of the “E Company” operated by the victim D in Yongcheon-si, Young-si, and was living in the dormitory at the dormitory, with stressed stress, such as care for the native and his family members, etc., and attempted to commit suicide after getting out of the dormitory due to stressed pressure, and she should commit suicide. On February 28, 2017, the Defendant collected clothes from the room of the above E Company’s dormitory and destroyed the above container of approximately KRW 10,00 won at the victim’s market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on the occurrence of a fire;

1. Application of Acts and subordinate statutes to identification results;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. Scope of the recommended punishment on the sentencing criteria [the type of punishment] [the scope of the recommended punishment [the scope of the recommended punishment] shall be 1 year and 6 months to 3 years from the general criteria for fire prevention.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and suspended execution for a period of three years, in light of the fact that the crime of fire prevention, such as this case, may impair public safety and peace and may cause enormous damage to human life and property, and thus, the defendant's responsibility is not weak.

However, the defendant committed the crime of this case in a very unstable psychological state, and committed the crime of this case.

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