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(영문) 수원지방법원 2019.03.21 2019고합23
현주건조물방화
Text

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

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

Reasons

Punishment of the crime

The defendant is a mentally ill person suffering from mental fission.

At around 19:30 on December 18, 2018, the Defendant, at the home of the Defendant, located in Suwon-gu, Suwon-gu, Suwon-si B loan C, had the birth of the Defendant, had the birth of the birth, and had the birth of the birth in the small room where the birth is using the birth, and had the birth of the birth in the small room, attached the clothes to the single prefabricated clothes of the birth who was in the small room, and had the birth in the small whole and in the dwelling room.

Accordingly, the defendant, who is the mother of the defendant, destroyed the inside part of the victim's house used as a residence by the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs, etc. of dispatched police officers;

1. Application of Acts and subordinate statutes, such as the result of fire incident identification;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type) [Type 1] general criteria, [Attachment 1] fire prevention of suspender buildings, etc., fire prevention of public structures, etc. (special sponsor] mitigation factors: Where considerable damage has been recovered from damage (the area of recommendation and recommendation range] mitigation factors, imprisonment with prison labor for one year and six months through three years;

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution, the defendant laid fire to the inside of a multi-household (ten households in total) housing building and laid down a part of the inside. The majority of the residents living in the above housing building could lead to a large fire accident if the fire has spread drastically. The nature of the crime and the possibility of criticism is very significant, and the residents of the building in the above housing.

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