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(영문) 대구지방법원 의성지원 2017.06.13 2017고합6
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in cleaning at the Del in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun.

On November 11, 2016, around 15:30 on November 15, 2016, the Defendant listened to sight that the victim E and guests are “not to clean” from the victim in the Maurel where they exist, and made the victim’s room on the fiveth floor in the 16:30th floor of the above Maurel, and had the victim’s room installed in advance, and attached a fire to the lower part of the new Maurter, through the wall of the non-breadth and the ceiling.

Accordingly, the defendant set fire to and destroyed the building on which people are present.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The application of Acts and subordinate statutes to record the results of identification at the scene of a fire, and photographs of fire incidents;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Application of the sentencing criteria [Determination of types] Fire prevention, general standards, type 1 (Setting fire to main buildings, etc., and setting fire to public structures, etc.) (Special mitigated persons] where actual damage is insignificant (the scope of recommended punishment), mitigation area, one year and six months to three years;

3. The crime of this case committed by the Defendant by setting fire to the telecom with which many guests reside, and if the fire was not early, it could cause serious damage to the lives and property of a large number of people, if the entire building was spread to the entire building, and the nature of the crime is not easy.

However, the fact that the defendant is a primary offender and is against the defendant's act, the actual property damage caused by fire prevention is not much severe, and G does not want to be punished against the victim, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, and motive for the crime.

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