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(영문) 제주지방법원 2013.12.05 2013고합165
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2013, at the defendant's house located in Jeju Island around 11:55, the defendant, at the defendant's house located in Jeju Island, Da who is his spouse and her spouse fightd with the victim D, and C, while putting gasoline in the warehouse, and putting gasoline in the wall of the ward, and putting it up into the wall of the non-breadth ward with a single-use stop, which was possessed by the manager of the wall of the ward.

Accordingly, the defendant destroyed part of the wall of the defendant's house used as dwelling by D and the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the results of field identification;

1. Each investigation report, application of each photographic statute;

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. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction factors (type 1), such as fire-fighting crimes, general standards, fire-fighting of present buildings, etc., and fire-fighting (type 1): Where punishment is not imposed or considerable damage has been recovered from public structures (limited to the scope of recommending punishment): Imprisonment with prison labor for one year and six months to three years (limited to mitigation factors): Major reasons for writing (where punishment is revoked) efforts to prevent extinguishment or other damage (where punishment is revoked or damage has been recovered from considerable damage, grounds for suspending execution): Social relation clear, efforts to prevent the spread of damage, and the defendant's age (esteem).

3. Scope of sentence: One and half years of imprisonment, three years of suspended execution, and three years of fire prevention can cause serious damage to the life and property of an innocent person, and thus, it cannot be said that the nature of the crime is less and less than that of the crime, since the crime falls under a highly dangerous crime.

(b).

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