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(영문) 서울중앙지방법원 2018.05.30 2018고합426
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 a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who resides with the victim of multi-household 4 owned by the victim D in Jung-gu Seoul Metropolitan Government, and the house is a total of 8 households from the underground floor to the second floor.

On December 11, 2017, the Defendant: (a) collected his clothes from his room on the ground that it is not possible to know about about 13:50 on December 11, 2017; (b) carried them under the clothes that he stored with the string with the straw with the strings; and (c) carried them out to the entire measures, such as the furniture

Accordingly, the Defendant destroyed a structure owned by a person who lives in the Republic of Korea to have an amount of KRW 1,535,000 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. A fire site survey report and on-site photo;

1. Voluntary accompanying reports and the application of Acts and subordinate statutes of each investigation report (30,33 pages of investigation records);

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. Scope of the recommended punishment according to the sentencing criteria / [the types of the recommended punishment / [the scope of the recommended punishment ] Class 1 (Setting fire to the main building, etc., and setting fire to the public structures, etc.): In the event actual damage is minor, where the penalty is not imposed or considerable damage is recovered [the scope of the recommended punishment] special mitigation area, one year and six months from six months from six years from [the lower limit of the punishment by law (one year and six months from imprisonment) higher than the lower limit of the recommended punishment to which the sentencing criteria apply].

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case was destroyed by setting fire to a multi-household house in which many people, including the defendant, live, and the life and property of other residents of the above house or people living in neighboring houses because of the larger spread of fire.

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