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(영문) 광주지방법원 순천지원 2017.05.11 2017고합24
현존건조물방화
Text

A defendant shall be punished by imprisonment for two years.

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is a mother-friendly D's person who has lived together with D in a house owned by the defendant at all times.

The Defendant was dissatisfied with D with his divorce history, business failure, etc., who frequently drinked alcoholic beverages, and raised a dispute about D with D due to the negligence. The Defendant, who frequently scarddd from D the urgical surging that he drinked alcoholic beverages, had a little mind about the housing.

On January 21, 2017, the Defendant: (a) around 06:20 on the above house; (b) however, D remains in the inside of the house, and “Arrehh by killing a scalkh; and (c)

“Along with sound, one’s clothes attached to a small room, and put him in a small room, with the string of the string of the string of the string of the string, and had approximately KRW 50 million of the string of the string of the string of the string of the string to board the entire string of the string of the 20 million.

Accordingly, the defendant destroyed the existing structure D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a survey report (information of results of field identification), and a fire site survey report;

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;

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

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] and the general standards for fire-fighting crimes [the scope of recommended punishment] and the basic area of punishment [the scope of recommended punishment]: two years to five years.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case for 2 years is that the defendant, who was dissatisfied with the warning that he only drinks from his mother-child, destroyed the entire house in the residence where the mother-child was born under the influence of alcohol, and fire prevention against the building in which the person exists may cause serious damage to the life and property of the deceased.

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