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(영문) 대구지방법원 포항지원 2015.11.30 2015고합82
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

In 2015, two Daegu District Prosecutors' Office at the Port Office at the time of seizure shall be pressured in 2015.

Reasons

Punishment of the crime

From May 2015, the Defendant leased 2nd floor of the victim D’s housing in the south-gu Si/Gun/Gu from May 2, 2015 to live together with the victim E. On August 2, 2015, the Defendant: (a) went out after having a verbal dispute with E in the above residence; (b) discovered that E had returned to the home; and (c) discovered E had to go back from that time until the 14th day of the same month; but (d) there was no possibility of finding E.

On August 14, 2015, the Defendant: (a) purchased gasoline 10 liters in G oil stations located in Nam-gu, Nam-gu, Nam-gu, Nam-gu; (b) on August 15, 2015, the following day after he purchased gasoline 10 literss in plastic box; and (c) purchased gasolines with he/she he/she he/she he/she stored in E in the above house inside of the house at around 02:30 on August 15, 2015, with his/her part he/she bought gasolines with one-time gas stop, and had it spread on the entire two-storys of the above house.

As a result, the Defendant destroyed the second floor of the above house used by E, D, etc. as a residence, which is equivalent to 21,450,000 won for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, D, and H;

1. Seizure records;

1. Notification of fire case records;

1. Filing reports and the application of the Acts and subordinate statutes governing investigation reports;

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

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The number of self-denunciation in the mitigated area (one year and six months to three years for imprisonment) (special mitigation) of types 1 (Setting fire to the present main building, etc., and setting fire to the public structures, etc.) (the range of recommending punishment) and the general standard of sentencing (the range of recommending punishment).

3. The crime of fire-fighting is a crime that may endanger public safety and peace and cause serious danger and injury to the lives and property of many citizens, and is highly dangerous in society. The victims D and their families are present on the first floor of the house destroyed at the time of the crime in this case.

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