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(영문) 대구지방법원 영덕지원 2014.07.21 2014고합14
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than 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

On March 20, 2014, at around 06:30 on March 20, 2014, the Defendant, at the Defendant’s house located in Yong-gu Seoul, lent her married fund to another person by his wife, and did not return it to the Defendant, attached a son, who was in his possession of his room, to the entire house (39.67 square meters of the total floor area of the building) by attaching a son, which was in his possession of his room, on the ground that he did not return it to another person.

Accordingly, the defendant, who is used as a residence, destroyed all 1 unit of housing in an amount of KRW 7.83,00,000 at the market price owned by the defendant D.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of fire scene photographs), investigation reports (related to the verification of housing price), investigation reports (including attachment of photographs), investigation reports (including attachment of photographs), investigation reports (related to quotations) (including attachment of quotations); investigation reports (including attachment of quotations);

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. Articles 52 (1) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act (part of favorable sentencing factors among the reasons for sentencing under the following) of the suspended sentence [the scope of sentence under the law] 1 year and six months of imprisonment / 15 years of imprisonment / [the decision of a sentence ] / no aggravated element: Ad hoc element: Ad hoc element of punishment among the fire-fighting crime group : a self-denunciation, ad hoc amount of punishment [the scope of decision and sentence in the recommending area] / ad hoc mitigated element of sentence 1 from 1 year and six months of imprisonment to 3 years of imprisonment [the general sentencing range] : Ad hoc element of punishment from 1 year and six months of imprisonment / there is no history of criminal punishment [the criteria for suspended sentence] : Ad hoc positive factor of punishment : a self-denunciation, ad hoc amount of punishment, no history of criminal punishment, no history of general positive factors : a contingent crime, a false reason / ad hoc decision of a sentence].

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