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(영문) 수원지방법원 성남지원 2013.09.26 2013고합161
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2013, the defendant purchased 2 gasoline in the E fishing place operated by the victim D (year 46) who is the husband in the Dongcheon-si, the defendant had raised a serious dispute about the compensation of the manager who died of the accident in the E fishing place operated by the victim D (year 46) and the problem of the victim's divorce, and purchased 2 gasoline. On June 17, 2013, the defendant found gasoline in the warehouse owned by the victim in the Gyeonggi-si, Gwangju-si, Gwangju-si, and had the gasoline spread to the whole warehouse with a rater, which was held in advance, on the floor of the warehouse.

Accordingly, the Defendant destroyed all of the storages equivalent to KRW 30 million owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police officer's statement concerning G and D;

1. Application of statutes on images of on-site photographs;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Reasons for sentencing [decision of a sentence] under Article 62(1) of the Criminal Act (i.e., the reason for affirming the sentence] of the suspended sentence

1. General standards:

2. Setting fire to general buildings, etc. (special person) and fire prevention (special person): In the area of mitigation of punishment (decision on the recommended area): One year of imprisonment with prison labor or two years of imprisonment with prison labor (general person): Whether to suspend execution of punishment or imprisonment with prison labor or not] There is no record of criminal punishment (whether to suspend execution of punishment or not): There is no record of criminal punishment in the case of failure to punish or damage to a considerable part of punishment - there is no record of criminal punishment - In the case of general participation: Social relation clear, serious reflector [decision on the sentence] with the husband, the Defendant destroyed it by setting it to the warehouse owned by the husband on the ground that the Defendant was in a dispute with the husband with the husband, and caused the fire.

In light of the fact that there is a small scale of damage and the defendant found gasoline again after the end of the dispute, it cannot be viewed as a contingent crime.

However, the husband who is the victim does not want to punish the defendant.

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