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(영문) 창원지방법원 2016.06.30 2016고합114
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal history] On June 13, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of fire prevention of a structure existing in the Changwon District Court, and completed the execution of the sentence on June 12, 2015.

[2] On May 8, 2016, the Defendant: (a) around 09:25, the Defendant extended money to himself/herself while having known that he/she was his/her employee E at the Changwon-si, Seoul and the second floor “D”, and had him/her spread on the wall, etc. using a coverter prepared in advance for the reason that he/she did not receive a telephone.

As a result, the Defendant destroyed the building used by 6 persons such as the victim F, etc., who is the owner of the building in which the above business is located, for the repair cost of 5 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. On-site photographs;

1. Investigation report (Attachment to a report on fire situation);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about the accused, such as a protocol of suspect interrogation and criminal history;

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. Reasons for sentencing of Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: Three years to fifty years; or

2. Application of the sentencing criteria [Scope of the recommended punishment] general standards and basic area (two to five years of imprisonment) (person with labor for a period of two to five years) (a person with special sentencing) / Self-denunciation (a person with special sentencing factors) of the same type of repeated crime (aggravated factor).

3. The crime of this case, which was determined to be sentenced, was committed against the Defendant’s building used as a residence, and is highly likely to cause serious damage to the life, body, and property of many people.

The defendant committed the crime of this case even though he was committed for a repeated crime of the same kind.

However, the fact that the defendant recognizes the crime of this case, that the defendant voluntarily surrenders himself, and that human life damage caused by the crime of this case has not occurred.

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