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(영문) 대구지방법원 2016.06.24 2016고합152
일반건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 20, 2015, the Defendant, as a tenant of the C Building 101 Dong 1237, was in contact with the victim D to “to replace the current key” on August 20, 2015.

On August 23, 2015, at around 23:50, the Defendant: (a) 101 & 1237 of the above C Building C, 101 and 1237, carried the mixed alcohol into a newspaper; (b) put it into a cryp in the room; (c) put the garbage bag in the entrance; and (d) moved the inside of the apartment owned by the said victim into the wall by attaching the crypus to the cryp and the wall; and (d) laid down the apartment with approximately KRW 17,50,000 for repairing the inside of the apartment site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the results of field identification;

1. Application of the written estimate statutes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommended punishments on the sentencing criteria: Imprisonment with prison labor for a year and six months to three years (the type of decisions), the general criteria for fire prevention (the determination of the recommended sphere), and the basic area of the two types (the determination of the recommended sphere), [the scope of the recommended punishment] [the scope of the recommended punishment] one year and six months to three years.

3. Determination of sentence: One year and six months of imprisonment with prison labor (unfavorable circumstances) set a building used by a large number of occupants, and there was a risk that the Defendant might extend the building to a large fire accident without taking any fire-fighting measures or fire report immediately after fire.

Although the degree of damage is not somewhat weak, the defendant could not take any measures for the recovery of damage.

[The favorable circumstances] The crime committed in favor of a person who was living in a new and new economic difficulty is a contingent crime.

The defendant has committed a crime against his wrongness while committing a crime.

In addition, all the sentencing conditions that appear in the records and arguments such as the defendant's age, sex, environment, family relationship, etc. shall be considered.

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