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(영문) 전주지방법원 남원지원 2016.06.23 2016고합6
현주건조물방화
Text

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

Reasons

Punishment of the crime

Around 00:20 on January 10, 2016, while the Defendant was dissatisfied with the disregarding husband from ordinary husband, the Defendant did not live for a long time and left the family meeting held by the natural parents of the Defendant who had been living in the place where the Defendant had been living in the house, but left the house of the Defendant who was living in the place where he had been living in the family, and left the house of the Defendant in the place where the Defendant was living in the real estate of the Defendant in the real estate C, and put him away from the house, and put him to the house of KRW 5,425,00 (A4) using the land from the inside and outside of the above dwelling, and then destroyed the entire house of KRW 5,425,00 at the market price owned by D by setting the same as the entire house of KRW 5,425,00,00.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. A detailed statement of the processing of reported cases;

1. Data about the scene of the case;

1. Application of Acts and subordinate statutes to a criminal investigation report (a written estimate attached to a written estimate for damage to the drilling of the mountain basin);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 1, 201)

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 [Determination of the type] No person who does not exist in the range of crimes against fire, general standards, type 1 (Setting fire, such as the main building, and setting fire to public structures, etc.) [person who is subject to special sentencing] (a person subject to general sentencing] mitigation element: The basic area of non-criminal records [the area of recommendation and sentencing of recommendations], two years to five years from imprisonment.

3. The crime of this case, which is determined to be sentenced, is highly likely to cause serious damage to human life and property by setting fire to a house used by a person as a residence, and the crime of this case is very heavy, such as the occurrence of additional damage if the fire spreads, etc., and all of the houses in the judgment of the market price equivalent to KRW 5,425,00 as a result of the crime of this case are destroyed.

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