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(영문) 광주지방법원 목포지원 2020.01.16 2019고합86
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

A seized Rater (No. 2) shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On April 6, 2018, the Defendant sentenced one year and six months to imprisonment with prison labor for the crime of destroying and damaging special goods in the wooden Branch of the Gwangju District Court on April 6, 2018, and completed the execution of the sentence in the Ganpo Prison on August 11, 2019.

【Criminal Facts】 On August 24, 2019, at around 18:24, the Defendant was in front of a building owned by C, the victim’s wife, who operated Schlage in the foregoing place, and the Defendant reported the Defendant on the charge of interfering with the work of the said Schlage, etc., and, as a retaliation against the Defendant, the gasoline purchased from nearby gas stations and entrances of the said building, sold the gasoline purchased from nearby gas stations to the lower court, fluor, etc., by putting the gasoline, which was in possession of the building, and fluor, fluen the floor, ceiling, etc., of the said building, and 35 million won inside the ceiling and walls of the said building.

Accordingly, the defendant destroyed the building owned by the victim.

Summary of Evidence

1. The defendant's legal statement;

1. Statement by the police about C (victim);

1. Records of seizure and the list of seizure;

1. A gene appraisal report and the results of inquiry into the DNA identification of the detained suspect;

1. The CCTV image CD (the defendant alleged that he did not contain the fact that he spreads gasoline in a fluor. However, according to the above CD, the defendant's above assertion is rejected, since it is confirmed that the defendant spawns gasoline on the wall with the entrance and a fluor and fluor attachment of gasoline in a fluor.

1. On-site photographs;

1. Previous records of judgment: Results of the search of prisoners, records of criminal records, references to criminal records, judgment, and application of Acts and subordinate statutes of 11 copies in total;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Two to fifty years of imprisonment;

2. The recommended range of punishment according to the sentencing guidelines [the decision of type] is the recommended range that there is no fire prevention [the second category], such as general buildings, etc. (the special person).

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