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(영문) 의정부지방법원 2014.08.27 2014고합216
현주건조물방화
Text

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

One set (No. 2) for a time seized shall be confiscated.

Reasons

Punishment of the crime

around March 2014, the Defendant had been engaged in the construction of a vinyl in the form of a vinyl house in which the victim D residing in the Namyang-si, Namyang-si, but did not receive the construction cost from the victim.

On June 19, 2014, the Defendant agreed only to pay the construction cost and did not comply with the promise. On June 19, 2014, the Defendant attached a fire to a paper stuff (Evidence No. 2) that was around the victim's residence, and then transferred it to the entire fluor of the fluor, attached it to the vinyl of the above fluor.

Accordingly, the Defendant destroyed the entire 16th square meters of the above farming shed used by the victim as a residence by making the victim use the whole of the 16th square meters for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement;

1. A report on the results of field identification;

1. Application of the existing Acts and subordinate statutes of one disposable Roter (No. 2) that has been seized;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommendations according to the sentencing guidelines (decision of types), range of recommendations (decision of types), general criteria, types 1 (Setting fire to Present Living Building, etc.): Reduction element: Self-denunciation (the area of recommendations and the scope of recommendations) mitigated area, imprisonment with prison labor for up to 1 year and 3 years;

3. Determination of sentence: A sentence of imprisonment with prison labor for one year and six months; the defendant led to the confession of the crime of this case and stated that it would be repent of it; the defendant committed the crime of this case with no payment of the work price from the victim; the victim did not have a farming room as indicated in the judgment at the time of fire prevention and did not have any physical injury; and the defendant voluntarily surrenders to the defendant.

On the other hand, the defendant's act of violence and damage to property.

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