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(영문) 수원지방법원 안산지원 2016.05.13 2015고합350
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around three years prior to the introduction of C’s wife (Korean national of the Philippines), the Defendant married with a Korean national of the Philippines. C had the expenses for the handling of documents during the marriage preparation process and did not have the money to be 50,000 won.

On November 9, 2015, the Defendant: (a) around 20:48, the Defendant laid down a part of the wall side of the entrance door of 103, by putting it into front of the front of the front of the entrance, which was possessed in front of the house of 103 of the 1st floor underground of the building D, Ansan-si, Sinsan-si, the Defendant: (b) laid down a vinyl with a bicycle set up in front of the entrance, which was in front of the front of the front of the entrance; and (c) laid down

As a result, the defendant destroyed a building used by a person as a residence, and thereby, the victim E (the 1 year old), victim F (the 4 years old), and victim G (the 69 years old), who resided in the above D Building No. 103, suffered bodily injury, such as waste collection, etc. in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, C, and H;

1. Each investigation report (including attached documents and photographs);

1. A report on the results of field identification;

1. Comprehensive fire investigation report;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 164 (2) (main sentence) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment imposed on the death or injury resulting from a fire to the present building against E with the largest situation);

1. Selection of alternative abandonment of punishment;

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 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. In principle, the sentencing criteria are not applied in a mutually simple and regular concurrent relationship between the scope of the recommended punishment based on the sentencing criteria and the injury resulting from fire to the present building.

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