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(영문) 서울서부지방법원 2015.02.03 2015고합7
현주건조물방화
Text

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

Reasons

Punishment of the crime

On December 25, 2014, the Defendant: (a) around 19:50 on December 25, 2014, at the house owned by the Victim D, the Defendant, the Defendant’s wife located in Eunpyeong-gu Seoul and the second floor, and (b) on the ground that the Defendant was faced with the Defendant, before the customers, the Defendant was faced with the Defendant, making the newspaper as a portable horse, and attached a fluor to the newspaper site, and (c) attached a fluor to a fluor, which was attached to the above house, a fluor of a fluor of approximately 58.9 square meters in a space of approximately 2 stories in

Accordingly, the defendant set fire to make four family members of the defendant including the victim D and the building used by the victim E, a tenant, as a residence, to be the cost of repairing the building in the market.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D and F in preparation of the assistant judicial police officer;

1. Investigation report (to attach a portable rato photograph that a suspect has used it first to attach a fire, and to attach a register);

1. Application of statutes on site photographs;

1. Article 164 (1) of the Criminal Act applicable to the crimes;

2. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

1. The number of self-denunciation in the mitigated area (one year and six months to three years for imprisonment) of Type 1 (Setting fire to Present Living Building, etc.) (special mitigation) according to the sentencing guidelines; and

2. Determination of sentence;

A. The Defendant was unable to remove the two-story building used by the wife, son and son, and the tenant as a residence, and part of the entire and part of the dwelling room.

As a result, there was a significant physical damage, and there was a risk that a fire will spread to neighboring houses and commercial buildings and cause more damage.

The responsibility of the defendant is heavy.

B. However, there is no person other than the defendant in the damaged building at the time when the defendant led to the crime of this case, and the defendant was immediately reported to the 119th after the birth of fire, and the fire is nearby.

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