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(영문) 광주지방법원 해남지원 2018.05.16 2018고합8
현주건조물방화
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was living together with the Defendant E in the victim D’s house located in South west-gun C.

On June 9, 2017, at around 08:25, the Defendant mispercing that he was able to brupt “under the influence of alcohol” at the house owned by the said victim D, and attached a string to the room room, such as a book, frame, and two banks, and attached a fire to the string of the string to a portable gas bag, and had it spread to the entire 103 square meters of the floor area of the cement block structure with the 103 square meters of the floor area of the cement block structure via the string wall.

Accordingly, the Defendant, due to alcohol dependence, destroyed one house in the market price which a person uses as a residence in a state that the person lacks the ability to discern things or make decisions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the results of fire identification, and each investigation report (a confirmation of the details of CCTV conversations between a police officer in charge and a suspect after the occurrence of the incident, the leakage and output of CCTV images in a community center, the victim D telephone conversations, and the victim's telephone conversations);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] fire-fighting crimes, general standards, Type 1 (Setting-down Building Fire-Fighting) [Special mitigated Persons], mental and physical weakness (no one is responsible for himself/herself), non-permanent penalty (the area of recommendation and the scope of the recommended punishment], the area of special mitigation, nine months to three years of imprisonment;

3. The crime of this case, which was decided to be sentenced, was destroyed by setting fire to the inside of the house where the defendant had resided together with his mother.

The crime of fire prevention is a crime detrimental to public safety and peace.

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