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(영문) 부산지방법원 2018.10.05 2018고합254
현주건조물방화
Text

A defendant shall be punished by imprisonment for four years.

A seized liter (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who resides in the victim C(n, 58 years of age) in Busan Jung-gu and resides in the D Public Notice Host E managed by the victim C(n, 58 years of age), and 23 persons reside in the D Public Notice Hostel in total 27 units.

Although the Defendant lost a credit card at the above D Public Notice 112 and reported it to 112, the victim showed CCTV only to police officers and did not show CCTV. On June 14:30, 2018, around 14:30 of the above D Public Notice 2, the Defendant 2 d Public Notice d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d gs

In the end, the defendant destroyed a building used by others as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. Protocols of seizure and list of seizure (Nos. 3 and 4 once a year);

1. Investigation report (report on the results of field identification and attachment of site photographs), report on the results of field identification, and on-site photographs;

1. A report on investigation (Attachment to the list of 112 Report Processing Cases), and a list of reported cases processing;

1. Investigation report (to be made on the amount of fire fighting personnel dispatched to the scene and damage);

1. Investigation report (to hear statements by victim C telephone);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a fire site investigation report);

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

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 scope of the recommended punishment according to the sentencing guidelines / [the type of determination / general criteria for fire prevention / Type 1 (Setting fire, such as the current main building, fire prevention, public structure, etc.) / the motive mitigation factors: The factors to be criticized: self-denunciation [decision in the sphere of recommendation] increased area (where there are multiple special sentencing factors, the person who is the same number of special sentencing factors shall be more severe than the same number of actors/other figures.

In this case, “self-denunciation” is an actor/other person, and is a person who commits an act that is likely to criticize.

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