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(영문) 창원지방법원 2014.05.29 2014고합70
현존건조물방화
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 March 16, 2014, the Defendant: (a) around 23:15, the Defendant: (b) posted a fire in the fluence room operated by D living together with the Defendant in Kimhae-si, on the ground that F is finite to the Defendant, and that F is finite, D and F together with it; and (c) considered D and F as “I am good, I am old, I am old, I am old, I am deadly, I am dead, I am dead, I am dead, I am dead, I am dead.”

Accordingly, the defendant destroyed part of the building in which D et al. exist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A report on internal investigation (as to attachment of field photographs, etc.);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

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

1. Application of the sentencing criteria [Determination of types] 1 (Setting of Punishment) type (Setting of Fire to Present Living Building, etc.), 1 (Setting of Special Mitigation) (Setting of Punishment) cases where actual damage is minor, non-prosecution of punishment [Determination of the recommended area and recommendation] special mitigation area, 9-3 years (Provided, That no punishment may be imposed less than 1 year and six months of imprisonment, which is the minimum applicable sentencing range in law, and thus a sentence cannot be imposed less than 1 year and six months] - Where actual damage is minor, 1 year and six months of imprisonment or less shall be the minimum period of suspension of execution] - Where actual damage is minor, 1 year and six months of punishment - Reasons for positive participation:

2. Determination of sentence: Imprisonment with prison labor for one year and six months, and suspended execution for three years; the crime of this case was committed by the defendant living together with the defendant D and his mother; the defendant was dissatisfied with F's attitude; the defendant d and F, with drinking alcohol; and D operated by D.

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