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(영문) 서울동부지방법원 2014.04.04 2014고합32
현주건조물방화
Text

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

except that 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

The Defendant, who is a multi-household, resided in Songpa-gu Seoul and 202 (D building). On the first floor, two households located in cosmetic, 4 households in 2nd floor, 4 households in 3rd floor, and 4th floor in 4th floor.

At around 08:10 on December 24, 2013, the Defendant: (a) brought a dispute over two days on the ground that E, who was the wife in the above residential area, did not show the Defendant’s photo of the male dynamics and the early image of his cell phone; (b) his her son F, who continued to be divorced, and (c) his son G, told her son and E, her son, her son, and told her son, her son and E to leave the house now without entering the house at the house at the house; and (d) on the ground that he did not enter the house at the present time, the Defendant she used the clothes her in the kitchen with a gas park, put him into the clothes with his son, and put him into the entire house of approximately 43 square meters in size 43 square meters in length, with his gate attached.

As a result, the Defendant destroyed the above residence owned by the victim H, which is used by E, etc. as a residence, to have approximately KRW 21,960,000 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Application of fire site photographs and investigation reports (to hear victim telephone statements) Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to the general criteria for fire prevention, such as suspender buildings, fire prevention including suspender buildings, and fire prevention (the first type), such as public structures, etc. (the special sentencing person), the factors for mitigation of punishment, the sources for mitigation of punishment, or the recovery of considerable damage.

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