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(영문) 대구지방법원 서부지원 2016.07.21 2016고합97
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 June 13, 2016, the Defendant, at around 01:50 on June 13, 2016, 102 Dong Dong-gun 102, 1501, who resides with his father C and DoMoD, and, at the restaurant in the operation of his father’s and father’s, she was dissatisfied with the disregarding circumstance, she was able to hear the words “pathers are merely arbly off to arb” from his father, and her her son was able to have his son repaid, and he was able to complete his son.

Accordingly, the Defendant: (a) placed 30 rollers in small banks with two groupings of roll cremation paper; and (b) laid 1 grouped 1 grouped on the beds with a large amount of 1 groupeds, and laid 1 grouped on the cell wave; and (c) laid 102 square meters in total size on the entire housing of 1501 square meters in 102 square meters in width.

As a result, the Defendant destroyed the above apartment area of 102 Dong 1501, which is the market price of the building used as a residence by the above C, etc., which is equivalent to 24 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of the Acts and subordinate statutes to photographs and photographs of scene of crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the general criteria for fire prevention [the scope of the recommended punishment] class 1 (the prevention of fire, such as the main building, etc., and public structures, etc.) [the special sentencing factors] mitigation factors: In a case where the punishment is not granted or considerable damage is recovered from the punishment, [ the scope of the recommended punishment] one year and six months to three years (the scope of the mitigated punishment] mitigation factors: there is no history of criminal punishment.

3. The crime of this case committed by the defendant is being used as a residence of the victims.

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