logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.01.18 2016고합181
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 14:00 on July 6, 2016, the Defendant was suffering from usual depression, and the Defendant was lacking the ability to discern things or make decisions, and destroyed a building that people used as a residence or people are present by setting fire by setting fire to yellow boats by using gas sirens on the ground that there was a chemical dispute with arbitra D at the house of the Defendant, 101, 1002, North-gu, Yananan-gu, Yananan-gu, Yanancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, 1002, and on the ground that there was a chemical dispute with arbitra.

Summary of Evidence

1. Statement by the defendant in court;

1. D's self-written statements;

1. A report on investigation;

1. On-site photographs;

1. A written diagnosis (A);

1. Application of Acts and subordinate statutes to fire site surveys;

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. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (in light of the mental and physical weakness and the results of inquiries into the fact about the E-psychrons of this court and the Defendant’s actions at the time of the instant case, it may be recognized that the Defendant had the weak ability to discern things or make decisions due to depression at the time of the instant crime)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [the types] general criteria, type 1 (Setting fire to the present main building, etc., and setting fire to the public structures, etc.) [the person who is specially mitigated] mental and physical weakness (no one is responsible for it] mitigated area (the scope of recommended punishment from June to 3 years);

3. Determination of sentence: Imprisonment with prison labor for a year and six months, the suspension of the execution of two years, the fire-fighting of the main building is detrimental to the safety and peace of the public and may cause serious damage to the lives and property of the large number of people, and is serious social harm;

In particular, the fire prevention on the apartment, such as the place of the crime in this case, is brush.

arrow