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(영문) 창원지방법원 마산지원 2015.06.03 2014고합110
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On September 1, 2014, at around 02:20, the Defendant, at his own room located on the first floor of the Changwon-si Mgu, Changwon-si C ground building, had the victim D (74 years old) and E (5 years old), etc. living in the above building where the victim E (5 years old) had weak ability to discern things or make decisions due to symptoms, etc. caused by cutting alcohol and tobacco, and had the fire moved to the entire building of the above building by attaching a t lease to the floor of his room.

Accordingly, the defendant destroyed the structure that the victims wanted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A report on internal investigation, and a report on investigation (to be attached with a photo on the spot);

1. Results of fire-fighting and response to each request for appraisal;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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

2. Basic area (two years to five years for imprisonment) of types 1 (Setting fire to Present Living Building, etc.) and the scope of recommendations according to the sentencing criteria.

3. In light of the fact that the crime of this case committed by the Defendant was a dangerous act that may cause major human life damage and property damage, and that the victims have not recovered from the crime of this case, a strict punishment against the Defendant is required.

However, the defendant recognized the facts charged in this case and reflected, and the defendant is contingent in a state of mental disability due to the existence of alcohol and the island of alcohol so on.

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