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(영문) 창원지방법원 마산지원 2017.09.22 2017고합65
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2017, the Defendant, at the Changwon-si, Changwon-si, Masan-si, and at the home of the Defendant No. 217 Dong 304 on June 30, 2017, want to throw away the fire.

“To the end, I have the ethyl alcohol contained in ethyl alcohol, and laid it on the table and table.

Afterwards, the Defendant continued to have his wife and her ethyl alcohol, and had the wife of the Defendant her ethyl alcohol accumulated on the floor, and had it spread over the total floor area of 85 square meters in the apartment site owned by the Defendant her ethyl alcohol by attaching ethyl alcohol to the floor.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. A report on the results of field identification;

1. Storage CDs at the scene of the crime;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of decisions] and the general criteria for fire prevention shall be the case where considerable damage has been restored to the first type (Setting fire to the present main building, etc.) [the scope of the recommended punishment] (the scope of the recommended punishment] and one year and six months to three years (the area of mitigated punishment).

3. The crime of this case in which the sentence of sentence was rendered is an apartment that the defendant fights with his family while living together with his family, and thus, the defendant's residence was severely damaged and the residents living in the same apartment as his family suffered damage to his body and property.

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