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(영문) 부산지방법원 동부지원 2015.08.21 2015고합79
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 21, 2015, the defendant, at around 19:00, was living in Busan Metropolitan City, Busan Metropolitan City, the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 2015, and the defendant, "I would like to die, I would like to do so if you live at the 3rd floor of the 3rd floor of the 3rd floor of the 19:07," and there was a fire that occurred at the other school.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to the offender's place, internal investigation report (referring to a reporter used for criminal administration), field file reports, field identification results reports, and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Fifteen years of imprisonment with prison labor for a year and six months, within the scope of punishment by law;

2. Three years of imprisonment with prison labor for not less than one year and six months in cases where the scope of a recommendation on the sentencing criteria (a decision of a type), a fire-fighting crime, a general standard, a type 1 (a person subject to special mitigation) is not subject to punishment, or a considerable damage is recovered;

3. The crime of this case committed by the Defendant upon the determination of sentence is the crime of the present state building and fire prevention, which occurred on the wall of another after the Defendant’s wife and the Defendant’s family members did not look at the house used as a residence, and the house used as a residence by the Defendant and his family members.

Although the fire has come out without spreading to another house, the above crime committed by the defendant was committed against the family members of the defendant in light of the fact that the building in which the fire occurred was the three-story building in which other persons than the defendant's family members reside, and that there were other houses in the vicinity of the above building.

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