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(영문) 서울중앙지방법원 2018.04.20 2018고합275
현주건조물방화
Text

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

The seized one-time logs (No. 3), brupted brushes (No. 4), brushes (No. 4).

Reasons

Punishment of the crime

The defendant is a person who resides in a multi-family house 202 owned by the victim D (76) in Gangnam-gu Seoul Metropolitan Government, and the above house is a place where 19 households, such as two households in each of the underground floors from the second floor to the third floor, and 19 households in total.

Before about 10 years, the Defendant had been able to die from time to time from December 2017 because he had been under stress due to the fact that the Defendant had been working as an employee in the liquor house with the sense of the charge of narcotics, such as phiphonephones, and that the customer's credit rating was flickly difficult for him to receive reimbursement.

On March 7, 2018, at around 14:40, the Defendant had a mind to commit suicide by setting fire at one’s own room 202 of the foregoing housing, and laid down bruma suspension (Evidence No. 5) on the part of the Defendant, and had the Defendant spread to the whole of the measures, such as household, clothing, floor, windows, and ceiling, which had been in a way to stop the operation, by setting fire on the part of the instant housing (Evidence No. 3).

Accordingly, the Defendant destroyed a structure owned by a person who lives in the Republic of Korea to have an amount equivalent to KRW 8,832,50,000.

Summary of Evidence

1. Partial statement of the defendant;

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

1. On-site reports on the results of field meals, H lending diameters, and internal photographs of 202 (after fire);

1. Investigation report (fields, CCTV images, etc.);

1. Each police seizure protocol (net 2,7);

1. Application of the Acts and subordinate statutes governing written estimates and entire documents to be registered;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be the general criteria for fire prevention (Setting fire to the present main building, etc.) type 1 (special sentencing factors): In the event that punishment is not imposed or considerable damage is recovered, the area of recommendation shall be the area.

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