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(영문) 대구지방법원 2018.06.15 2018고합173
현존건조물방화등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 16, 2018, the Defendant who damaged property made it clear that the “10 stories” as stated in the written indictment of the Daegu Suwon-gu C and the second floor was a clerical error in light of evidence records, and thus, ex officio correction is made.

The reason why the victim D (n, 55 years old) who is the wife of being drunkd in his own dwelling room was found to have been boomed, and the reason was that the victim D (n, 55 years old), who is the wife, was boomed so that he was boomed and boomed, and damaged the cost of repair equivalent to 70,000 won at the market price.

2. The Defendant, at the time and place mentioned in the above Paragraph 1, destroyed the disturbance and frightened the victim fright to enter the door door, with the victim frightened and frighted so as to lock the fire, and caused the fire to do so.

“In the front of a newspaper, a fire was set to the wall surface of a living room in the vicinity of an inner bank by putting a fire on the wall, which was held in advance at the newspaper, and had it spread to the wall surface, floor, etc.

Accordingly, the defendant, together with the victim, destroyed the house of the defendant used as a residence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of telephone conversations with victims on the process of firefighting communications);

1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act (the main building and fire prevention, the occupation of imprisonment with prison labor), and Article 366 of the Criminal Act (the occupation of damaging property and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the aggregate of the long-term punishments of the above two crimes prescribed in the crime of arson of a string building with heavy punishment);

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. Article 62(1) of the Criminal Act (the following sentencing grounds have been repeated.

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