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(영문) 수원지방법원 안양지원 2019.01.11 2018고합147
현주건조물방화
Text

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

Seized one (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is the tenant of multi-household housing in Ansan-gu, Ansan-si, and the victim C is the owner of the above multi-household housing, and D has managed the above house on behalf of the victim as the child of the victim.

At around 10:50 on September 30, 2018, the Defendant: (a) called D and D with telephone call as a matter of refund of deposit for lease deposit at its own residence located in the above multi-household housing E; (b) the Defendant called D and D that D could not return the deposit in full unless D and D were to repair the house before D directors leave; and (c) applied D’s telephone to D by attaching a 2 string of string strings, which were unclaimed with the clothes of the house, by using the phone he was holding.

Accordingly, the defendant destroyed the inside of the multi-household housing E, which is owned by nine persons such as F, etc., so that the market value is unrepair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A letter of prosecution (investigative report, etc.);

1. The police seizure record and the list of seizure;

1. Making records of field identification of the fire-prevention case;

1. The application of the statutes on site photographs and records of site photographs to the police officers;

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 favorable circumstances):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Two to five years from imprisonment with prison labor for the basic area [the scope of the recommended area] of category 1 (Determination of the recommended area] (Determination of the recommended area), the basic area (Determination of the recommended area), the scope of the recommended punishment according to the sentencing criteria (Determination of types): and the general criteria for fire prevention;

2. According to the decision of the sentence, the defendant argued with the child of the owner due to the refund, etc. of the deposit money for lease of the house living together, and transferred the money to the floor board by attaching the fire to the clothes taken by the clothes.

The defendant's residence is a multi-household house in which four households reside, and similar houses are located in and around.

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