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(영문) 대전지방법원 2018.04.27 2018고합83
현존건조물방화
Text

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

Reasons

Punishment of the crime

On November 26, 2017, at around 20:07, the Defendant: (a) laid the entrance door of “E amusement shop” located on the second floor of the building owned by the victim D in the large exhibition Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu (hereinafter “E amusement shop-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

As a result, the defendant set fire to and damaged the existing structure of the entertainment room.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement made by the F and G police statements;

1. Each photograph, CCTV closure photograph of a main point;

1. The CD (CCTV image);

1. Business registration certificate, estimate, etc.;

1. Application of the statutes of the response request for appraisal;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Type 1 (Setting fire to the main building, etc., and setting fire to the public structures, etc.) basic area (two years to five years) of the sentencing criteria.

3. The crime of this case, which is determined to be sentenced, is an offense that is detrimental to public safety and peace and may cause serious damage to life and property of a large number of people, and the nature of such offense is grave, and causes property damage exceeding KRW 20 million, etc. that is disadvantageous to the defendant.

However, it appears that the defendant led to the confession of the crime of this case and reflects the mistake, that the defendant did not have any criminal record for the same kind of crime, and that he tried to reimburse the damage to the victim, and other crimes of this case are the defendant's age, sex, family relationship, and family relationship.

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