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(영문) 광주지방법원 2017.09.27 2017고합344
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

The defendant is a person who operates a restaurant.

On July 25, 2017, around 03:20 on July 25, 2017, the Defendant drinkd with D, his spouse, in the dwelling space of the Defendant located in the Seo-gu apartment located in Gwangju-gu, Gwangju-gu, along with D, and “I do not have a telephone at the early restaurant.”

“Isker,” even though D, “Isker’s suspicion of why Isn’t drink.”

In our country, I have a hacker, a hacker, and d. with only one studio or one straw, enter a room in which the string of the hacker, and laid the clothes and bags in the hacker, and let the defendant move to the entire dwelling area of the defendant through the floor of the hacker, etc.

Accordingly, the defendant destroyed the apartment bond owned by the defendant, which is used as D and residence, by burning it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. A report on investigation (report on the occurrence of a fire), a report on investigation (report on apartment structure), a report on investigation (report on shooting at the scene of a crime, etc.), a report on investigation, a identification report, an investigation report, a report on identification, a certified copy of a resident registration, a report on investigation (Binding a certified copy, etc. of a resident registration), a report on investigation into the current status of a fire, a certified copy of a register, a report on investigation into a victim, and a report on investigation

1. Application of Acts and subordinate statutes to photographs, such as site;

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. 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 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] shall be the general criteria for the prevention of fire [the scope of the recommended punishment [the scope of the recommended punishment] in the category 1 (Setting Fire to the Present Building, etc.) [the person with a special mitigation], in the case where the punishment is not imposed or considerable damage is recovered

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