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(영문) 대전지방법원 공주지원 2016.04.06 2016고합3
현주건조물방화
Text

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

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 November 10, 2015, the Defendant: (a) at the Defendant’s house located in Sinju City, 22:45, and (b) at the Defendant’s house located in Sinju City, with his wife D, left the house without his horse, left the house, left the house, left the house, left the house, left the house, left the house with a portable stringer, attached the stringer to the strings located in the inside room, and moved the string of the strings to the strings, electric board, etc., and got the wall door up to the inner wall.

As a result, the defendant set fire to the defendant and 3 his family members to use the structure as a residence, which is approximately KRW 790,000,000 for repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of field identification and a legal safety appraisal report;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of the recommended sentence [Scope of the recommended sentence] - The scope of the mitigated sentence (one year to six years) in the area of mitigation (one year and six months to three years) (special sentencing factors) - Where actual damage is minor (general sentencing factors): Efforts to prevent extinguishment of fire or other damage, and advanced reflective measures.

3. Whether to suspend the execution [main reasons] - Where actual injury is insignificant (general reasons): - where toxic injury is insignificant - negative addiction to drugs or alcoholism - positive: Efforts to prevent dusts or other spread of damage, contingent crimes, serious reflects, or criminal records of a stay of execution or more severe punishment;

4. The crime of this case, which was determined to be sentenced, was destroyed by the Defendant’s setting fire to his or her house and his or her children’s residence, and the destruction of his or her life and property damage may occur extensively if the length of the fire spread.

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