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(영문) 광주지방법원 2013.04.25 2013고합67
현존건조물방화
Text

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

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

Reasons

Criminal facts

On December 16, 2012, the Defendant: (a) around 21:40 on December 16, 2012, at the Defendant’s house located in Gwangju Northern-gu, and (b) caused the victim D (the wife living together in the said house) to read “ drinking alcohol”, and (c) destroyed the body of the Defendant’s house with a single gaser attached to the clothes located in the inside of the inner house, such as the clothes of the Defendant’s house, the house-to-door, the entrance door, the door-to-door door, the room-to-door room, and the room room.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Sessions as a result of fire site identification (attached to field photographs);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning 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;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is deemed to have been committed in the house used by the defendant as a residence, and the crime of this case may lead to serious personal and physical damage if the fire of this case was not early extinguishment.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant made a confession of the facts charged in this case and reflects his mistake, that the defendant committed the crime in this case by contingently under the influence of somewhat drunk, that the defendant made efforts to realize and extinguish his mistake immediately after the fire, and that the defendant's family members such as the victim et al. have lost their mind and mind, that the defendant's family members such as the victim et al. want to leave the defendant before it, and that the defendant is the

Furthermore, the sentencing data, such as the age, character and conduct, environment, and motive of crime of the defendant, were taken into consideration equally.

It is so decided as per Disposition for the above reasons.

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