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(영문) 인천지방법원 2014.09.29 2013고합784
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2013, at around 03:15, the Defendant: (a) was under the influence of alcohol from a detached house in which the Defendant and his family members living together, and destroyed the said house by attaching the said house to the bed of the daily bed with an influence for suicide by setting the house to the house with his continuous father at around that time.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the sequence 1 of evidence list);

1. Application of Acts and subordinate statutes on site map and on-site photographs;

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

2. Scope of recommendations according to the sentencing guidelines (decision of types), group of fire-fighting crimes, general standards, types 1 (Setting fire to Present Living Building, etc.), aggravation factors and mitigation factors: None (Scope of recommendations) (Scope of recommendations): Imprisonment with prison labor for not less than two years nor more than five years.

3. Determination of sentence: One and half years of imprisonment, and three years of suspended execution, the crime of this case is a fire in a house living together with his family members during the new wall hours, and the crime is not less complicated in light of the content of the crime and the risk of the result therefrom;

However, the defendant recognized the crime of this case and reflects his mistake, and the defendant continued to extinguish with his wife at the time of the crime of this case, and in such circumstances, the defendant seems to have committed the crime of this case in mind and contingently with the mind that he committed suicide under the influence of alcohol, the crime of this case was destroyed only within the house, and there was no loss of human life.

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