logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.05.12 2017고합99
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with the victim C.

around 14:01 on November 15, 2016, the Defendant, at the victim's house located in Seo-gu, Seo-gu, Gwangju, left the motion picture to the victim, but was rejected, caused a dispute.

In addition, I would like to listen to the word of gathering from the injured party, after drinking alcohol, open a door that is not corrected by the adjacent warehouse of the said house after drinking, and setting the object stored in the said place by attaching a string with a string with fire, and setting fire equivalent to KRW 1,570,000,000, such as the house, string and ceiling owned by the injured party.

Accordingly, the defendant destroyed the fire by attaching fire to the warehouse of the above house owned by the victim who is used as a residence by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. A report on the results of field identification, CCTV analysis by time zone, the behavior of the suspected victim, and a report on the current status of fire;

1. Application of the Acts and subordinate statutes governing field photographs, photographs of seized objects, written estimates;

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 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment] (the scope of the recommended punishment] type 1 (Setting fire to the present main building, fire prevention of public structures, etc., and fire prevention) [the person subject to special sentencing] areas of mitigation of punishment (the scope of the recommended punishment] areas of mitigation of punishment, one year and six months to three years of imprisonment.

3. Determination of sentence: One year and six months of imprisonment with prison labor, and two years of suspended sentence, the crime of this case was committed by the defendant with the victim who was de facto in a de facto marital relationship, and was fireed to the warehouse of the house in which the victim was living under the influence of alcohol, and the crime was not less severe in light of the motive and circumstances of the crime.

arrow