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(영문) 대구지방법원 2015.01.23 2014고합658
현주건조물방화
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, 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 November 14, 2014, the Defendant: (a) around November 14, 2014, her wife took a look at the shipper’s home in order to commit suicide; and (b) her and her wife took the mind of committing suicide; and (c) her and her wife took the mind of

피고인은 2014. 11. 19. 21:54경 대구 북구 C건물 102동 502호에 있는 피고인의 집에서 주방 가스레인지에 불을 켠 다음 불이 켜진 가스레인지 위에 이불 등을 올려놓는 방법으로 불을 붙여 그 불길이 가스레인지, 씽크대, 천장 등에 번지게 하였다.

Accordingly, the defendant, including the defendant, destroyed a part of the dwelling area of the defendant who is living in a total of two persons including the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Reports and investigation reports (including attached documents and photographs);

1. Application of Acts and subordinate statutes to each photograph, fire site inspection report, etc.;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Where actual damages are insignificant in the mitigation area (one year and six months to three years), reduction area (special mitigation area) (one year and six months from June to three years), within the scope of recommending punishment according to the sentencing criteria (the scope of recommending punishment).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case was committed with the wife by the Defendant’s influence with his wife, and was destroyed to his residence, and the danger of causing serious damage to the lives and property of other people living in the same brue has been very high.

However, under the influence of alcohol, the defendant committed the crime of this case in a contingent manner in the thought that the wife will commit suicide by emphasizing that the wife had taken home in the influence of alcohol.

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