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(영문) 서울남부지방법원 2018.04.13 2018고합62
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who leases 202 multi-household houses owned by D in Geumcheon-gu Seoul Metropolitan Government.

On October 19, 2017, at around 10:05, the Defendant: (a) put a fire at the inner wall of the above 202 square meters and put a fire on the part of the fore-funch loan with a view to committing suicide; (b) put the fire on the part of the fore-funch loan with a view to having it spread to the entire inner part of the house through the fore-funch harassment; and (c) destroyed the entire 202 square meters of the total floor area, which is about 36 square meters, by having it spread to the inner part of the house.

Summary of Evidence

1. Statement by the defendant in court;

1. The results of fire-fighting (the net 26);

1. Each investigation report (as to the statements of witnesses at the time of the instant case, with regard to the confirmation of the criminal intent of the suspect, attaching a fire site investigation report) is subject to the statute.

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommended punishments on the sentencing criteria: Imprisonment with prison labor for one year to two years [the types of decisions] and the general standards for fire-fighting crimes (the prevention of general buildings, etc.) [the person subject to special mitigation] and non-members of punishment [the area of recommendation and the scope of punishment], the area of mitigation of punishment, one year to two years.

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, resulting in significant damage to the victim’s ownership by committing the instant crime.

A total of six households are living in the building where the crime of this case was committed, and the crime of this case may cause serious loss of human life and property as a nearby generations in the influent length.

However, the defendant acknowledges and reflects the crime of this case, and is the first offender who has no record of punishment, and the defendant does not receive the remaining security deposit, and only the victim and the victim.

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