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(영문) 부산지방법원 2016.07.08 2016고합306
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 12, 2015, the Defendant was unable to seek a workplace due to a disability that occurred due to a traffic accident on December 12, 2015, and was faced with a living environment, such as failure to pay a monthly pay back to the six months, and was in mind to commit suicide at his home.

On May 3, 2016, at around 18:00, the Defendant placed at the third floor of the multi-household house owned by the victim D located in Busan, which is his own house, the Busan, on the third floor of the apartment house owned by the victim D, a large scale of KRW A4, and attached a portable rater to the land A4 and carried a bit lease and a hot water distribution box, etc., with a portable rater on a smallest 5 minutes of the land A4, and attached a portable rater to A4, through a small wall of the non-breadth.

Accordingly, the Defendant destroyed one multi-household house, which is used by three victims, such as victims, etc. as a residence, that is, about KRW 1 million of repairing expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. A report on the results of field identification, each photograph (No. 3, 10, 11, and 15 No. 5 of the evidence list), a protocol of seizure, and a list of seizure;

1. Application of Acts and subordinate statutes of each report on the occurrence of an investigation and each report on investigation (No. 1,9,13,14, 18 No. 18);

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. Article 62-2 of the Criminal Act on the observation of protection;

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

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

2. Scope of recommending punishment: Imprisonment with prison labor for a year and six months from six months to three years [the types of decisions], which are general standards for fire prevention, one type (the main building, etc. fire prevention) (the main building, etc. is not subject to special mitigation], and the mitigation area is not subject to punishment.

3. The crime of this case where the victim's housing is partially destroyed due to the judgment of sentence, and other considerable damage has occurred;

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