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(영문) 수원지방법원 성남지원 2018.01.11 2017고합257
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2017, the Defendant: (a) around 22:10 on August 22, 2017, when the Defendant and her husband D were frequently drinking problems D due to frequent drinking problems in the area of one story in which the Defendant and her husband D reside, the Defendant attached a fire to the clothes which were caused by a carter, which he had a fire, and had them spread to the entire first floor through a tent.

Accordingly, the defendant destroyed the structure that people see.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. A report on internal investigation (the search of neighboring residents);

1. 119 Fire Report, a detailed statement of 112 reported processing, a report on the results of fire identification, a written estimate, and other estimates;

8.22. Application of Acts and subordinate statutes concerning the recording file CDs filed with his/her husband and wife;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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. The scope of the recommended punishment according to the sentencing criteria [the decision of the recommended punishment] shall be the general criteria for the crimes against fire (the setting of the punishment shall be made), the mitigation area (one year and six months to three years) of the type (the setting of the current building, fire prevention, public building, etc.) of the mitigated area (the imprisonment shall be made one year and six months to six years); and

3. The crime of this case, which was sentenced, was committed by the Defendant on the first floor of multi-household housing, and multi-household housing, was committed by living rooms of the first floor, small rooms, etc.

The crime of this case is highly likely to cause serious damage to another person's life or property even except for the family members living together with the defendant, and its nature is not good.

However, while the defendant had a dispute with D who is the husband, he or she commits the instant crime somewhat contingent, and the defendant is against himself or herself while making a confession of all the instant crimes, and the defendant has no criminal record of the same kind after he or she has been sentenced to a fine.

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