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(영문) 수원지방법원 2013.04.09 2013고합13
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 December 17, 2012, the Defendant: (a) around 17:30, Suwon-si C Apartment 608 Dong 306, Defendant’s family members, who did not enter the house after the Defendant’s her c apartment 608 Dong 306, the Defendant left the house; (b) was fluencing in the said residence; (c) laid down the main gate of wooden material on the instant fluor which was attached on the floor of the living room; and (d) moved the fluor into the fluor, by attaching the fluor with fire on the instant fluor; and (d) moved the fluor to the wall, wall, and the wall.

Accordingly, the defendant destroyed the apartment house owned by 4 family members, such as D, to be KRW 24,600,000 for repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on investigation, on-site photographs, and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, including probation, community service order, and order to attend a lecture, was found to have caused serious damage to the lives and property of neighboring residents in light of the fact that the Defendant, while under the influence of alcohol, transferred his wife to the Defendant, and then transferred the part of the living room to the apartment in which the Defendant resides together with his family in a comic book, which was boomed with his wife, and thus, could have caused serious

However, considering the fact that the defendant reflects his mistake, even though he did not cause harm to human life due to the crime of this case, the defendant's wife and the owner of the above apartment house did not want the punishment of the defendant, and there is no criminal history exceeding the fine.

It is so decided as per Disposition for the above reasons.

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