logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2019.07.03 2019고합38
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

The defendant was dead between the victim B and the victim about two months.

Around May 8, 2019, the Defendant saw the victim as the Hague, and around May 10, 2019, around 16:34, around 16:5 on May 10, 2019, and around 0.5L purchased from the neighboring Eriju station in front of the victim’s residence in the building D of the building of Jinjin-si, the Defendant added the amount to approximately 0.5L purchased from the neighboring Eriju station in the front of the victim’s residence, and made the victim spread to the part of the fluor, the fluor, the first, and the wall of the victim.

Accordingly, the defendant set fire to and destroyed the structure that the victim uses as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against B and F (Evidence Nos. 6, 19);

1. Written statement (Evidence Nos. 7);

1. Protocols of seizure and list of seizure (Evidence Nos. 2 and 3);

1. Application of Acts and subordinate statutes to each field photographs and photographs of seized articles, 112 report processing records, H-fag photographs, gasoline purchasing photographs, attach CCTV-fag photographs, attach photographs, and replys to the results of appraisal by the State and water (Evidence List Nos. 4, 5, 9, 10, 17, 18, 25);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act on Probation;

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 fifteen years;

2. The scope of recommendations on the sentencing criteria [the determination of types] and the general criteria for the category 1 (Setting Fire to Present Living Building, etc.): Reduction elements of punishment (Special Convicts): Reduction area of punishment [the scope of recommendations] mitigation area, imprisonment with labor for a year and six months to three years;

3. Determination of sentence: Imprisonment with prison labor for 2 years, probation for 3 years following the following circumstances shall be taken into account, and the defendant's age, character and conduct, environment, motive and circumstances of the crime, means and results thereof, and other factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime.

arrow