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(영문) 인천지방법원 부천지원 2016.04.29 2015고합240
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On April 29, 2015, the Defendant: (a) while drinking mixed alcohol at the Defendant’s house located in Kimpo-si, Kimpo-si, Kimpo-si, 8 B01, at around 19:25, the Defendant: (b) continued to have a dispute with women’s friendly-gu D, which had been dead before her; (c) attached a lux with a luxus to a luxus with a luxus on the main floor and a luxus; and (d) destroyed the 2 square meters of the 36.55 square meters of the above house, and caused the 10 square meters of the 10 square meters of the luxus.

Accordingly, the defendant set fire to the above structure and setting fire to it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on internal investigation (33,34 pages of evidence records), report on the results of field identification, investigation report (where damage is caused and a fire site photograph is attached), and the application of statutes on accompanying materials;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 2 years up to 30 years;

2. Scope of recommended sentences on the sentencing criteria: Imprisonment with prison labor for one year or two years (the type of decisions) and the general criteria for fire-fighting crimes (the prevention of general buildings, etc.) (the person subject to special sentencing): Where punishment is not imposed or considerable damage is recovered (the scope of recommended sentencing, the scope of recommended punishment), the mitigated area, one year or two years of imprisonment.

3. Determination of sentence: The crime of this case committed for 3 years of suspended sentence, protection observation, and community service order for 80 hours during the two-year period of imprisonment refers to the case where the defendant, while entering the room, posted a fire on the kitchen that had been on the kitchen to die dynamicly, and the defendant was on the kitchen to die dynamicly, and the defendant went out of the house in which he was diving.

The crime of this case cannot be deemed to be light in light of the following: (a) even if a fire was immediately destroyed and a large amount of damage did not occur; (b) however, the crime of this case was likely to cause enormous damage to human life and property.

The accused received seven times juvenile protective dispositions due to violent crimes, etc.

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