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(영문) 대구지방법원 포항지원 2013.11.25 2013고합90
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2013, around 23:20 on 23:20, the Defendant: (a) laid the plastic cudio 203, Nam-gu, Nam-gu, Sinpo-gu, Seoul, on the main gas park; and (b) caused gas strings to turn off the plastic cudio on the main gas park; and (c) it was difficult for the Defendant to pay KRW 1,108,00,000 for repair costs by making it turn on the gas string.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to an investigation report (related to field photographs), an investigation report (related to attachment of field photographs), an on-site inspection report, and an investigation report (related to attachment, such as a written estimate);

1. Relevant Article of the Criminal Act concerning the 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 (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Scope of recommendations according to the sentencing criteria: Fire-fighting crime group, general criteria, type 1 (Specially imprisoned Persons): Where actual damage is insignificant (in the face of recommendations and recommendations), mitigated area, imprisonment with prison labor for not less than 1 year and 6 months but not more than 3 years: A general mitigation person who has no general person (general person): a general mitigation person who has no general person: a general mitigation person who has made efforts to recover damage [based on suspension of execution of sentence] - There is no negative reason: Where actual damage is minor - there is no negative reason for the general mitigation of punishment - there is no positive social relation - there is no clear social relation, contingent crime, serious reflectness, or criminal record of not less than a suspended sentence;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the place where the instant crime was committed shall be several households.

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