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(영문) 부산지방법원 2015.06.26 2015고합142
현존건조물방화
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

On February 22:12, 2015, the Defendant: from the “Eju” operated by D located in Busan Jin-gu, Busan to the problem of the drinking value; the Defendant, at around 22:29 on the same day, purchased 5 Linter oil from Gmate located in F in Busan Jin-gu, Busan.

At around 22:38 on the same day, the defendant arrived at the "Ejuk", and then spreaded a premium oil at the entrance, etc. of stairs, and then moved the oil to the wall of the non-breadth stairs by attaching a cigarette to a gun.

As a result, the defendant set fire to the existing building of D et al. so that the repair cost of approximately KRW 9.20,000 can be caused.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, H and I;

1. Investigation report by the prosecution (to hear statements by victims D);

1. With respect to each police investigation report (including a fire), Zippoas oil purchaser and the distance between the “Eump” and the “Eump” at the place of fire occurrence, with respect to the specific time of fire occurrence, with respect to the uniforms that were entered at the time of voluntary operation A, CCTV investigation (including attachment), attachment of CCTV investigation (including attachment), attachment of a estimate for damage (including attachment), attachment of CCTV image (including attachment), and attachment of CCTV image (including attachment)

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”), which is favorable to the defendant, shall be considered as follows;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be general standards for fire-fighting crimes;

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