logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.05.01 2014고합63
현주건조물방화
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2013, at around 02:30 on December 19, 2013, the Defendant: (a) destroyed the said 4th apartment building owned by the Defendant and the victim D, so that the said 4th apartment building owned by the victim E, which is used as a residence by the Defendant and the victim D, can be repaired on the instant 4th floor, by taking care of his wife, such as the lack of mental capacity or decision-making capacity to discern things due to the “satise flusium with severe symptoms of mental disorder”; (b) the contact with his family is not contacted; and (c) the portable gas burner was laid off, and then the fire that was moved to the instant 4th floor of the above apartment building was laid down.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police preparation D and E;

1. Investigation report (written opinion, etc.) prepared by the prosecution;

1. Investigation report prepared by police (suspect-related investigation);

1. Application of statutes on site 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;

2. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing), which are advantageous to the reasons for suspended sentence.

1. The range of recommended sentences according to the sentencing guidelines [the determination of types] the general criteria for fire prevention [the range of recommended sentences] and the general criteria (the prevention of fire, such as present main buildings, public structures, etc.) [the special person] mitigation factors] - where there are particularly extenuating circumstances in the motive for crime, - the decision of the recommended sphere] special mitigation area [the decision of the recommended sphere] special mitigation area (the range of recommended sentences] from 9 months to 3 years; and

2. The defendant, who was sentenced to a sentence, destroyed a fire on the fourth floor of apartment buildings in which the defendant and the victim D, etc. reside. The fire prevention of a building in which the person resides is a crime detrimental to the public safety and peace, and the lives of a large number of citizens.

arrow