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(영문) 인천지방법원 부천지원 2016.07.08 2016고합86
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant and C are the de facto marital couple who have leased a half-story of the second floor of the apartment house in Bupyeong-gu, Nowon-gu, Seoul, and the victim E is the owner of the above house and reside in the second floor.

On May 1, 2016, around 04:45, at the lowermost room of the above house, the Defendant: (a) told C to doubt the appearance of the Defendant; and (b) put C into a studs installed on the inner window of the opening of the opening of the opening of the opening of the opening of the opening.

The French road was spread to the second floor outer wall of the building as well as the inner bank, small bank, main bank, and toilet of the lower floor of the half floor in which the defendant couple resides.

As a result, the Defendant destroyed the above house owned by the victim, such as the victim, his family members, and C, to the extent that it is worth KRW 7,625,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to each on-site photographs and fire site surveys;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

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

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

2. Scope of the recommended punishment on the sentencing guidelines: Two to five years (type determination) of imprisonment with prison labor; the general standards for fire-fighting crimes consisting of the first type (the current main building, etc. and fire-fighting); the basic area of the recommendation [the area of recommendation and the scope of the recommended punishment]; the basic area of the punishment; two to five years of imprisonment with prison labor.

3. Determination of sentence: The crime of this case for two years by imprisonment is a case where the defendant died with a woman living together in the lower half floor of his residence, and destroyed the building by attaching a fire to the string, which is the case.

Bridged up to the outer wall of the second floor of the building, and there was a difference between the building and the whole building.

The residents of the next house were evacuated rapidly.

Although it did not cause harm to human life even though it did not occur, a substantial part of the second floor building shall be destroyed to the extent that it can be destroyed.

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