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(영문) 광주지방법원 2013.07.17 2013고합270
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On May 31, 2013, at around 01:29, the Defendant requested the victim D to return the monthly rent to the victim D before the victim Estudio 307 room managed by the victim D in Gwangju-dong-gu, Gwangju-gu, and requested the victim D to refund the monthly rent in the middle. While the victim D was carrying a defect that the victim D would not refund monthly rent, the victim D would not refund the monthly rent, the gas siren was placed on the room, and the gas siren was cut back again on that part, and then the gas siren was turned back to the land in the direction of the plan by returning the gas siren, etc., which was in the direction of the plan, and had the gas gas bomb "o" and explosiond to spread to the entire direction and the guest room corridor.

As a result, the Defendant: (a) destroyed a part of the above E building used as a residence by the victim D and 15 households; (b) destroyed the repair cost equivalent to KRW 15,439,00,00; and (c) caused damage to the victim F (19 years old), victim G (n, 28 years old), and victim H (n, 18 years old) caused a difficulty in respiratory by inhaleing toxic gas.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, H, and F;

1. G statements;

1. A criminal investigation report (Attachment of photographs at the scene of occurrence), and a criminal investigation report (Attachment of a written estimate for damage);

1. On-site reports on fire site surveys;

1. Application of statutes to victim G opinions;

1. The first sentence of Article 164 (2) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment and limited imprisonment;

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

1. Scope of the recommended sentence according to the sentencing criteria (decision of types), range of the recommended sentence (the injury or death caused by fire, such as fire-fighting, main building, etc. or death, the basic area (the scope of the recommended sentence) and the basic area (the injury or injury caused by fire, such as the present main building, etc.) and

2. Determination of sentence, and social danger of fire prevention, of this case.

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