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(영문) 울산지방법원 2020.05.08 2019고합368
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on June 16, 2019, the Defendant: (a) called the Victim D (47 years of age) for male-child-child-child arrest victim D (47 years of age) in Ulsan-gu apartment B apartment house B, Ulsan-gu, Seoul-gu; (b) called the victim several times on the ground that the victim was not well aware of the Defendant; (c) however, the victim did not hear the Defendant’s horse; and (d) had the victim talked with the victim’s house; and (d) had the victim’s house f3,330,000 won on the part of the victim’s house; and (e) had the victim’s house f3,000 won on the part of the slip, wall, and f33,000 won on the part of the victim’s house.

Accordingly, the defendant set fire to and destroyed a structure used as a residence by the victim.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Each protocol of suspect examination of the police against the accused (1, 2 times);

1. Statement made to D by the police;

1. Protocol of seizure, list of seizure and photographs (not less than four kinds of articles seized);

1. Report on investigation (in relation to the treatment of a suspect's disease and the attachment of a photo of his/her site identification), photograph, etc.;

1. Application of the Acts and subordinate statutes to photographs (the contents of letters sent to the victim), written estimates;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. The scope of recommendations according to the sentencing guidelines [the range of recommendations] [the range of punishment [the range of recommendations and recommendations] reduced range, one year to six years [the general person] reduced range of mitigation range] reduced range of punishment [the range of punishment and recommendations] reduced range of punishment, one year and six years [the general person] reduced range of mitigation range]. The serious reflectivity and damage recovery range.

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