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(영문) 서울중앙지방법원 2014.01.28 2013고합1403
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 4, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of collective, deadly weapons, etc.) at the Seoul Northern District Court on December 4, 2009 and completed the execution of the sentence on April 18, 2012.

The Defendant was living in the 4th floor of “G Publication Board” owned by Seongbuk-gu Seoul, Seongbuk-gu, Seoul. On December 6, 2013, the Defendant was willing to die under the influence of alcohol around 01:00 on December 6, 2013.

Accordingly, the Defendant, who was visiting the above rooftop room, was placed on the electric gate board of the room room of the room room by 2 times in his hand, carried the rab from the main machine to the above suspension by putting the rab on the electric gate board of the room room. The Defendant had the rab on the house as a whole through the electric gate board of the French length.

As a result, the Defendant destroyed the 12,406,350 square meters market price of the victim D, E, and F owned by H et al. which is approximately 14 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Investigation reports (Attachment of field photographs of fire incidents), investigation reports (investigation into attachment of materials, such as estimates of victims, etc.);

1. Previous convictions: Application of criminal records and investigation reports (verification of criminal records and release from repeated crimes, and attachment of judgment);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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. Application of the sentencing criteria [decision of types] : Fire-fighting crime group, general criteria, type 1 (Setting fire-fighting including the main building, etc., and setting fire to public structures, etc.) (special penal persons] self-denunciation (Scope of recommending punishment), i.e., imprisonment with prison labor for 1 year and 6 months to 3 years (limited to mitigation);

2. Determination of sentence and the reasons therefor;

(a) Sentence: Two years of imprisonment;

B. For this reason, the instant crime was committed at night, and thus, was committed by a large number of victims.

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