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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
On March 10, 2016, around 02:19, the Defendant attached a vinyl tent, which covers the static air conditioners, using a stringer, which was in possession of D on the first floor of the Yangcheon-gu Seoul Metropolitan Commercial Building D, before the static land store.
As a result, the Defendant tried to spread to the wooden board connected to the static land coolant and the commercial building, and destroyed the above commercial building owned by four persons, such as F, which is used as a residence. However, the Defendant failed to carry out an attempted attempt by the fire officers dispatched after receiving a report of 119.
Summary of Evidence
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a report on the occurrence of a fire, investigation report (the current status of a H customary market and the location of a building), investigation report (investigation of the current situation), investigation report (report on the results of field identification, attachment of on-site photographs), investigation report (verification of the register of commercial buildings), and investigation report (verification of the register
1. Articles 174 and 164 (1) of the Criminal Act and the choice of imprisonment with prison labor for a limited term concerning the crime;
1. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act to be mitigated;
1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;
2. Application of the sentencing criteria: No application of the sentencing criteria shall be made because it is an unregistered crime;
3. Determination of sentence: if fire-fighting officers dispatched in one year and six months of imprisonment are not rapidly extinguishing, a large amount of danger may occur as a result of a large loss of human life or serious property damage.
However, there was no criminal history of the defendant, and human life was not caused by the crime of this case, and there was an agreement with D.
The above circumstances, the Defendant’s age, sex, environment, motive and background of the crime, and the circumstances after the crime are considered, and the punishment is determined as per the disposition.