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(영문) 수원지방법원 성남지원 2016.04.14 2016고합17
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

On January 21, 2016, the Defendant: (a) around 19:40, in the dwelling space of the first floor underground of the building where the Defendant was living in Seongbuk-gu, Sungnam-si; (b) on the first floor of the building where the above building was living in 2 households, 1 households, and 2 stories; (c) however, despite the building owner’s dwelling in 2 households, 1st floor, and 2nd floor where the building owner was living in 19:40,000 square meters of the inner area of the building where the Defendant was living in Seongbuk-si, Sungnam-si; and (d) on the second floor where the building owner did not know that he did not repair boiler, the building owner was dissatisfied with the complaint that did not want to repair the boiler; and (d) on the one-time log with a

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to record records of seizure records, each seized article photograph, each field photograph, and photographs of fire prevention sites;

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. 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 (Evidence 2) of the Criminal Act (Article 48(1)1 of the Confiscation Act);

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

2. Application of the sentencing criteria [the types] and the general criteria for fire prevention (the prevention of fire, such as the suspender building, etc., and the prevention of public structures, etc.) (the special sentencing factors): Where punishment is not granted or considerable damage has been recovered (the scope of the recommended punishment], one year and six months to three years (the area of mitigation).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years under a suspended execution, the defendant destroyed the building used for a person's residence;

Although many people were able to suffer or lose their lives due to the instant crime, the Defendant did not make any effort to fighting.

In light of these circumstances, the responsibility of the accused for the crime is somewhat weak.

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