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(영문) 서울북부지방법원 2019.09.20 2019고합248
일반물건방화
Text

A defendant shall be punished by imprisonment for one year.

However, 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 is between the victim B (n, 56 years of age) and the husband, and the Dongdaemun-gu Seoul Metropolitan Government C building and D are living together with the victim, and the C building is 4th floor and the total of 8 households including the defendant live.

On June 21, 2019, the defendant around 22:28, the above C building D, and around 22:28, the defendant's father and the defendant's father and the defendant's father and the son and son and son were frighted to scarb, with gas due to scarbing the ebbbbbbb in the main room, on the gas, and scarbed from the victim and his father and son.

Accordingly, E has extinguishing gas fire and spreading water, and completely extinguishing the fire.

Accordingly, the defendant caused public danger by setting fire to the illegal property owned by the defendant and the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Fire site reports, etc.;

1. Application of fire site photograph Acts and subordinate statutes;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment [the range of the recommended punishment] according to the sentencing guidelines [the category 3] general goods and fire prevention [the special sentencing person] where actual damage is minor, the court shall set the minimum limit of the applicable punishment in law, in cases where actual damage is recovered, [the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, three months to one year [the range of the recommended punishment corrected by the applicable sentencing guidelines] imprisonment for one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the minimum of the applicable sentencing range in law, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and two years of suspended sentence, which was used when the defendant put a fire to this fire, can lead to a large amount of fire if the fire that was not put to this fire, and thus, the nature of the crime is not good.

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