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(영문) 대전지방법원 2020.06.05 2020고합121
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, together with his husband, is a person who resides in the second floor of a detached house owned by C in Daejeon-gu, Daejeon-gu, and three other tenants' families are residing in the first floor of the house.

On March 8, 2020, the Defendant continued to her husband in comparison with her former husband, who was flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flicked flickly flickly flickly flickly flickly flickly fl

At around 17:50 on the same day, the Defendant: (a) put a fire into an cross-section newspaper by using a one-time dog at his inside and outside of his house; (b) attached it to the bed dump to the bed; and (c) moved the bed to the tent, etc.; and (d) destroyed the second floor of the said house by the fire.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Investigation report (Evidence No. 2, attached photographs, and notification of departments related to the report of 112 case), investigation report (investigation into victim's statements), investigation report, telephone conversations of witnesses, investigation report ( telephone conversations of fire officers related to the amount of damage), request for cooperation in investigation (fire damage investigation report) and replys to investigation report;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) of the Criminal Act;

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

2. The recommended range of punishment according to the sentencing guidelines (the determination of types) [the category 1] the recommended range of punishment (the range of punishment shall be determined], the recommended range that there is no fire prevention (the special person) such as main buildings, fire prevention, public structures, etc.; and

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