logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.01.10 2013고합323
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, when light-name C building 201, 905, which is one’s own residence, came to go beyond the auction, had a view to committing suicide by pointing this out in the above residence.

On September 23, 2013, around 04:20 on September 23, 2013, the Defendant stored three dwelling rooms, three dwelling rooms, and one inside and outside of the dwelling space, and attached a premium with a base, and caused a fire to spread to the dwelling space and inside and outside of the dwelling space.

As a result, the defendant, who is living in a majority of apartment residents (250 households), destroyed the above residential area in the above 201 apartment complex by making it impossible to repair it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (on-site chief, etc.), on-site photographs (science investigation teams), and report on the results of fire reduction;

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. Grounds for sentencing under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act;

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

2. Scope of recommendations according to the sentencing guidelines (decision of types), group of fire-fighting crimes, general standards, types 1 (Setting fire to Present Living Building, etc.), aggravation factors (special person), mitigation factors: None of the following areas (Scope of recommendations): Imprisonment with prison labor for a period of two years to 5 years.

3. The crime of this case, which was determined to be sentenced, is that the defendant stored a stop, etc. in his residence and destroyed the above residence by attaching a fire with a dog. As such, the fire prevention of a building where a person resides is likely to cause serious damage to the lives and property of a large number of people, and in particular, the place where the defendant attempted to commit the fire prevention of this case is the inside of the apartment where 250 households reside. In light of the above, the defendant should be punished strictly.

arrow