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(영문) 창원지방법원 마산지원 2016.09.23 2016고합66
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 29, 2015, the Defendant prepared a fire prevention with the Defendant’s mother D’s house located in Busan Shipping Daegu C&C apartment 8 Dong 1102, around December 29, 2015, on the ground that D interfered with the Defendant, stating that “Is the thmthmthm date, Is d., Is the Defendant,” and attempted to spread to the said house for the purpose of preventing fire.

2. For the same reasons as the date and time stated in paragraph (1) at the place, the Defendant damaged the gas pipeline gate installed in the kitchen, thereby destroying the property owned by the victim D in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A seizure record and a seizure list;

1. Investigation report (11th page of investigation records), investigation report (Confirmation of ownership of property damage);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 175, 164(1) (a) of the Criminal Act (a preliminary point of setting fire to the present main building) of the Criminal Act, and Article 366 of the Criminal Act (a point of damaging property and a choice of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes with the punishment prescribed for preliminary crimes against a string building, the heavier punishment)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Where the actual damage is insignificant in the area of special mitigation (one month to six months) (special mitigation) (including a person subject to special mitigation) of types 1 (the scope of recommended punishment) which are general standards, or where substantial damage has been recovered from sources of punishment (including serious efforts to recover damage), or significant damage has been restored;

(b) That the sentencing criteria for preliminary crimes against the current owner's building and fire are not set;

(c) Crimes for which the sentencing guidelines are set and offenses for which the sentencing guidelines are not set.

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