logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2017.03.24 2016고합67
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2016, the defendant, around 19:40 on August 10, 2016, at the home of the defendant, 101-301-dong 301, the defendant's wife, as the defendant's work place, should have directors to other areas. After having reached a dispute with each other, the above D's house was left away, and it was thought that it was in the house.

From 22:00 to 23:00 on the same day, the Defendant: (a) destroyed the Defendant’s office room, living room, etc. on two occasions, using a disposable gas rash (Evidence No. 1) in possession of flat tobacco in order to smoke, by attaching fire to the clothes, shoes, fluences, etc. located therein; and (b) caused damage equivalent to KRW 5 million in the market price to the ward, beer, etc.

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 by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation reports, on-site photographs, status reports, seizure records, etc., investigation reports (a voluntary submission), red-shot photographs of a criminal suspect, photographs of a reporter, and reports on results of field identification;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

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. Application of the sentencing criteria [the scope of the recommended punishment] general standards, and the area of mitigation (one year to six years from June of one year) (the area of special mitigation) is not subject to punishment;

2. In this case, the defendant's decision of sentence is a case of apartment that many people use as a residence, and the fire prevention of a building that many people use as a residence is highly dangerous to the lives and property of a large number of people, and the crime of this case is committed.

arrow