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(영문) 대구지방법원 2018.11.23 2018고합466
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

As the defendant and C are mutually married couple, there has been frequent disputes over the issue of ordinary divorce.

On October 20, 2018, the Defendant: (a) around 19:00, around 19:00, the “E” studio 502, wherein C is residing in G, and (b) caused C, on the ground that he/she was making a false statement and staying outside, he/she stored C’s clothes on the inside floor of the inside of the inside of the inside of the inside of the inside of the outside of the inside of the outside of the inside of the outside of the outside of the outside and attached a fire to the outside of the he/she, thereby making C’s clothes to be moved to the whole of the measures through the ceiling.

As a result, the Defendant laid down and destroyed a structure that C uses as a residence, which is approximately KRW 8,40,000,000 for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. A report on the occurrence of a disaster, on-site photographs, reports on the results of field identification, and a detailed statement of the processing of reported cases in 112;

1. A report on internal investigation (related to attaching photographs used for committing a crime);

1. With respect to the attachment of photographs sent to the victim by the person under investigation (as to the attachment of photographs to the victim by the person under investigation, the application of Acts and subordinate statutes on the attachment of written estimates for

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the general standards for fire-fighting crimes and the scope of punishment [the scope of recommended punishment] Class 1 (Setting fire to the main building, etc.] [the person subject to special mitigation] and the area of mitigation of punishment: One year and six months to three years.

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution, the defendant is living with the victim who is the wife of the defendant and is frequently disputed due to a usual divorce, and the victim is living with him/her on the ground that he/she makes a false statement.

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