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(영문) 수원지방법원 2014.07.10 2014고합164
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 15, 2014, the Defendant, as a member of the Company, resided in CPublic Notice Host 27 for three months, but did not pay a half-month tax, and thus, the Defendant kept D (Nam, 27 years of age) the Defendant’s animal in the warehouse and took care of the Defendant’s animal, and took care of it.

On February 16, 2014, the Defendant: (a) around 01:34, the 7th floor C & 27th floor in Suwon-si E, Suwon-si, Suwon-si, sent a container and garbage to a Lter, and moved the fire into a remote area.

Accordingly, the Defendant destroyed part of the F-owned telecom that is used as a residence by the residents of the F-owned telecom such as victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Written statements of D;

1. Protocols of seizure, list of seized articles, and photographs thereof;

1. Voluntary report, each investigation report (Evidence Nos. 3, 18, 20) and investigation report (Evidence List Nos. 16);

1. The application of the statutes on visual photographs, suspect photographs, field camera photographs, and CCTV screen pictures of public announcement sources C;

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 Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Where actual damages are insignificant in the mitigation area (one year and six months to three years), reduction area (special mitigation area) (one year and six months from June to three years), within the scope of recommending punishment according to the sentencing criteria (the scope of recommending punishment).

3. The crime of this case in which the Defendant was sentenced to punishment was committed by the Defendant, and the Defendant, even though he was well aware that many people live together in a narrow space, sets a fire in a substance that is easily burned in a closed room from the view of his own view, and if the fire is not early extinguishing.

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