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(영문) 의정부지방법원 2016.04.06 2016고합63
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 February 15, 2016, at around 17:10, Namyang-si, 204:29 Dong 2902, the Defendant: (a) put a string of a single gas rash (Evidence No. 1) used by the Defendant at a small room used by the Defendant; (b) put the 17:10 of the above 2902 of the victim F, who is the parent of the Defendant, move the 17:02 of the above 3002 of the above 290, which is the victim’s residence; and (c) destroyed the 130,000 won by setting a fire to a single gas rash (Evidence No. 1); and (d) setting the 302 of the victim’s H, who is the parent of the Defendant, to have the 30,000 won on the part of the victim’s 30,000 won on the 30,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and H;

1. Investigation reports (calculated of the amount of damage inflicted upon the victim’s H), investigation reports (Hearing statements and reports on the amount of damage inflicted upon the victim’s F);

1. Application of Acts and subordinate statutes to the records of seizure of reports, written estimates, and written statements of results of field identification, list of seized articles, and 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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case was committed by not only the house in which the defendant had resided but also the house of another neighbor, and each of the damages was not small. The crime of this case is committed against the apartment living together with his family members, and if a fire was spread, there was a risk of causing a large number of harm to human life. The defendant repeats the punishment E after attaching a fire to a small room so that it could be extinguishing.

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