logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.20 2017고합567
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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 July 26, 2017, the Defendant: (a) visited “E” offices on the fourth floor of the Suwon-si D Building; (b) visited the Defendant at approximately five years of free experience; and (c) recommended that the owner of the business, etc. operating the Pyeongtaek-si free experience room, etc. purchase the equipment as a unit of the equipment from the business owner of the party room on July 26, 2017; (b) refused and left the shop; (c) caused a string, the Defendant put a fire into the said place of business from around 03:19 on August 6, 2017 to around 03:21 on a 4th floor of the D building, and put a fire using the string with the equipment installed in the corridor prior to the office of “E”.

On the other hand, D building is a "F" legal party that had a ice on the fifth floor from the first floor to the fifth floor above the ground, and one resident was living in the rooftop room of the above building. As above, the defendant suffered damage equivalent to 2,280,000 won at the market price by causing the building to be attached to the above building owned by the victim G living by the person, and destroying the corridor and ceiling of the fourth floor to the above building.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to H and G;

1. A protocol of seizure and a list of seizure;

1. Written estimate;

1. Application of Acts and subordinate statutes to field photographs and CCTV images on the same line before and after committing a crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for up to five years [the scope of the recommended punishment] shall be the basic area [the person subject to special sentencing] of the first type (Setting fire to the main building, etc., and setting fire to the public building, etc.].

3. The crime of this case, which was decided upon sentence, is committed.

arrow