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(영문) 청주지방법원 2019.02.15 2018고합258
일반건조물방화
Text

A defendant shall be punished by imprisonment for two years.

The number of seized gasoline shall be three (No. 1) and a disposable straw.

Reasons

Punishment of the crime

[Criminal Power] On July 11, 2018, the Defendant was sentenced to one year of a suspended sentence of six months for general goods and fire prevention at the Daegu District Court, which became final and conclusive on July 19, 201 and is currently under the suspended sentence.

【Criminal Facts】

On November 23, 2018, the Defendant: (a) around 20:50 on November 23, 2018, the building was newly constructed by C in order to open a restaurant business; (b) without any reason, the Defendant spreaded two parts of the e-mail pumps loaded in front of the entrance and the fuel for the e-mailter (total 266 ml) in advance to the sanddial Location Board, and added the two parts of the fuel for the e-mail to the whole building of 595 square meters in a non-breadth.

Accordingly, the defendant, who is a general building C, destroyed all buildings of 310 million won or more at the market price of the general building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Seizure records;

1. The application of Acts and subordinate statutes to request investigative cooperation, such as the inspection report on the occurrence of the case, the report on the occurrence of the case, the report on the field identification report, the photo of the fire site, the photo of the black stuff image, the investigation report, the submission of a written estimate, and the request for investigative cooperation;

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

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

1. The scope of applicable sentences by law: Imprisonment for not less than two years;

2. Scope of recommendations on the sentencing criteria: The minimum range of recommendations on the sentencing criteria of two-year imprisonment is lower than the lower limit of the applicable sentencing standards in law, and accordingly the lower limit of the applicable sentencing standards shall be set by law.

Imprisonment with prison labor for three years (decision of types) (decision of types) and the general standards for fire prevention (Setting fire to general buildings, etc.) shall be sentenced to imprisonment for one year and six months or more to three years (basic areas).

3. The crime of this case where the defendant, without any particular reason, destroyed the entire building of a newly constructed restaurant building by setting fire to a cafeteria and causes property damage equivalent to 310 million won. The nature of the crime is heavy in light of the circumstances and result of the crime.

The defendant shall be punished by imprisonment for the same crime of fire prevention.

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