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(영문) 전주지방법원 2014.10.23 2014고합188
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the victim C’s pro-friendly relationship, the Defendant, along with the victim, carried out construction in order to create a prefabricated building, which is the victim’s possession of the former North Korean territory D, as a “building where the parent of the Defendant could reside,” and was dissatisfied with the victim’s attitude and speech that disregards himself even though the victim was a her birth.

At around 13:09 on June 29, 2014, the Defendant, along with five parents, etc. of the victim and the Defendant, destroyed the building outer walls, etc. of an amount of one million won or more at the market price by putting the victim out of the building, stating, “I am me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me she was.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommending punishment according to the sentencing guidelines (decision of a type), group of fire-fighting crimes, general standards, and type 2 (Setting fire to general buildings, etc.): Reduction factors that have no increased element: Reduction factors of punishment (the scope of recommending punishment): Imprisonment with prison labor for a year to 2 years.

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, the crime of this case by the defendant shall not be deemed to be minor in light of the fact that the crime of this case is likely to spread gasoline and extinguish fire on the outer wall of the building; and

However, the fact that one's mistake is recognized and reflected, and the defendant is identical to that.

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