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(영문) 수원지방법원 안산지원 2016.05.13 2016고합64
현주건조물방화
Text

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

One motor vehicle (Evidence No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On March 4, 2016, the Defendant returned to the house where the Defendant, the Defendant’s wife D, and the Defendant’s mother-friendly E, etc. of the Da multi-household building 101 of the Da-gu Seoul Multi-household building No. 101 of the Simsan City of Gyeonggi on March 4, 2016, on the ground that the Defendant returned to the house after completing the farming day, but the living room, etc. was left, and the wife D did not seem to have any reaction, the Defendant may can do so without any falsingingly, “I have been working for her husband.”

“A person who has been in possession of:

Using a one-time log (Evidence No. 1), as soon as possible, a fire was caused by a dried stand in the living room, and the house of approximately 18 square meters was carried out in whole by attaching a fire to the dried living room and the ceiling, etc., and continued to spread the above thalth and damaged the total voting time of the living room and the rail of the house in which the F couple of 202 reside in the same building, and the market price was 27,112,00 won in total.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Resident status, records of a fire site, and a survey report on the fire site;

1. On-site photographs;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 164 (1) of the Criminal Act applicable to the facts constituting an offense (opportune of imprisonment with prison labor);

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 Acts: Imprisonment for one year and six months to fifteen years; and

2. 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, fire prevention of public structures, etc.) [Special sentencing factors] mitigation factors: In the event that punishment is not imposed or considerable damage has been restored to a certain part [the scope of the recommended punishment and the scope of the recommended punishment] mitigation area, one year and six months to three years.

3. Determination of sentence: Imprisonment with prison labor and one year and six months shall be sentenced to a punishment heavier than that of the same kind of crime and fine that the accused has led to the confession of his own crime and has committed a mistake.

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