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(영문) 수원지방법원 안산지원 2017.01.13 2016고합250
현주건조물방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 18, 2016, when the Defendant lacks the ability to discern things or make decisions due to the on-site illness, the Defendant was living together with the Defendant and the victim D, in Ansan-si Group C around 20:05, on July 18, 2016, when the Defendant opened a house door and opened the house door, and thus the Defendant’s remaining East E was about to open the police and fire fighter’s entrance, was fluoring the smell with a smell, fluoring the smell, and fluoring it by spraying the Hague frame, and then, the Defendant destroyed the fluor and the fluor of the above house, which the damaged person uses as a residence, so that the amount of repair expenses can be written off.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Each statement of opinion;

1. Application of Acts and subordinate statutes to photographs of field damage;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] and the general criteria for fire prevention (Setting fire to the present main building, etc.): In the event that actual damage is insignificant, physical and mental weakness [the scope of the recommended area and the scope of the recommended punishment] special mitigation area, nine months to three years.

3. The crime of this case committed by the defendant by setting fire to his own house and thus, if the length of the fire has been significantly spread, the defendant's responsibility cannot be considered to be somewhat less than that of the defendant in that it could cause serious damage to the life and property of many people.

However, the defendant confessions the crime of this case and reflects his mistake in depth.

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