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(영문) 서울남부지방법원 2013.11.21 2013고합347
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2013, at around 13:41, the defendant's house located in Yangcheon-gu Seoul Metropolitan Government C building B, 502, on the ground that the victim D, her husband, has a metal dispute base on the floor of the living room, he stored the her husband's inner clothes, booms, bends, etc. on the ground that the victim D, who is the husband, had a wind with other women and the wind, and destroyed the floor of the living room by attaching fire to the her husband.

Accordingly, the defendant set fire to the objects owned by others and destroyed them to cause public danger.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the use of police gear;

1. Application of Acts and subordinate statutes to on-site inspections (preparation of police officers and preparation of a scientific investigation team);

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reasons favorable to the defendant among the reasons for discretionary mitigation);

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

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

1. Period of punishment by law: Imprisonment with prison labor for not less than six months up to five years;

2. Recommendations on the sentencing criteria: Imprisonment with prison labor for not less than six months nor more than one year (a mitigation area); and

3. Sentence: Imprisonment with prison labor for six months, probation one year, probation, and community service order for forty hours;

4. The reason for the sentencing and fire prevention crime is a serious crime in itself, where there is always the possibility that it might rapidly cause human life damage or big property damage due to the rapid spread of the time when the fire is left in the object of fire prevention.

In the instant case, the Defendant only provided the victim’s clothes, etc. with relatively minor economic value within his/her own residence, but ultimately, destroyed the Defendant’s living room floor by setting fire, and considering that the Defendant’s dwelling place is an apartment house and the fire was likely to spread to the next house below the above, the Defendant was highly likely to spread to a large fire if the above fire was not fired at the time.

The defendant is suspected of having been out of the victim.

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