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(영문) 수원지방법원 성남지원 2015.11.26 2015고합226
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

The defendant is the lessee who resides in the second floor of the house of D(82 years of age, women) located in Sungnam-gu Seoul Metropolitan Government.

On June 7, 2015, at around 20:50 on June 2015, the Defendant: (a) accumulated clothes on the sloped floor on the ground of the winding from the second floor of the victim’s house on the ground of the winding of the wife; and (b) attached them with a one-time tool with which he/she had a fire, so that the Defendant has a part of the non-breadthproof floor and the ceiling.

Accordingly, the defendant destroyed the second floor and the second floor of the above house used as a residence by four persons, such as himself and his family, to the extent of 1,000,000 won for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of statutes on site photographs;

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. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. Scope of recommendations on the sentencing criteria [the scope of recommendations] [the scope of punishment [the scope of punishment [the scope of punishment revised] from 1 year and 6 months to 3 years [the minimum limit of punishment (one year and 6 months) shall be reduced to 1/2] [the minimum of punishment as recommended in the sentencing guidelines are lower than the minimum of the applicable sentencing standards, as the lowest limit of the applicable sentencing range recommended in the sentencing guidelines is lower than the minimum of the applicable sentencing range under the law]; in the event that actual damage is minor, the mitigated sentencing factors are minor]. [the scope of punishment shall be reduced to 1 year and 6 months to 3 years [the minimum of the applicable sentencing range recommended in the sentencing guidelines is lower than the minimum of the applicable sentencing range under the law]; and so the minimum of the applicable sentencing range shall be set according to the minimum of the applicable sentencing range]; and

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the suspension of execution for a period of three years shall cause enormous damage to human life and property;

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