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(영문) 대구지방법원 2015.08.21 2015고합265
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than two years 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

The Defendant was living together with the victim in Daegu Dong-gu, 1008 Dong-gu, 403 (56.1 square meters, 17 square meters) leased by the victim C of a related person.

On June 9, 2015, the Defendant, at around 40, around 21:40 on June 21, 2015, filed a claim with the victim, and then, on the ground that the victim saw the victim to her her her her her her her her her her her her her her shes, attached the her shes her her her her shes to the instant 403 her her shes

As a result, the defendant, who used the above 403 units used as a residence, destroyed the above 22,293,00 won as repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to a report on investigation (including investigation of witnesses, etc. around the field), a report on investigation (including confirmation of the amount of damage, such as apartment buildings due to fire prevention, etc., accompanying documents), and a report on investigation (includingCCTV investigation

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

2. Reduction elements (one year and six months to three years) in the mitigation area (one year and six years from the present residential building, fire prevention of public structures, etc.) of category 1 (the prevention of fire to the present residential building, public structures, etc.) and the mitigation scope according to the sentencing criteria: Reduction elements of punishment not to be imposed;

3. Determination of sentence: Imprisonment with prison labor for two years and six months, suspended execution for three years, community service work and fire prevention crime for 120 hours is likely to undermine the public safety and peace and cause enormous damage, and the crime of this case was committed in this case on the grounds that the victim was demanded to be the Hague, while the defendant and the victim are also the same.

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