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(영문) 수원지방법원 2016.03.17 2015고합672
현존건조물방화
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2015, the Defendant: (a) around 01:00, at the Defendant’s residence of 01:201, the instant building D, which had been living in the said residence, and had been living in the said residence and brought a divorce lawsuit against the denied E that was currently being separated; (b) on the plastic plastic bags containing the clothes owned by the denying owner, the Defendant laid off the floor and the glass window of the said D building A, which had been carrying one carbon gas on the plastic plastic bags, and caused an explosion by putting it into fire on the plastic plastic bags containing the clothes owned by the denying owner.

Accordingly, the Defendant: (a) attached the foregoing D building that is used by 25 households, such as F, as a residence, to the above D building A; and (b) destroyed the part of 35.50 square meters out of the building of 873.18 square meters from among the apap 4 Gabab sap sap sap ju

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to the report(fire), the list of processing the report(s) of the 112 case, the report of internal investigation(s) (on-site identification results and attaching on-site photographs), the investigation report(CCTV investigation), the investigation report(s) (the confirmation of households living in multi-household structures and rooms which are the suspect's residence) and the investigation report(s) (the date and time of committing the crime

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the type of determination] and the general criteria for fire prevention [the person subject to special sentencing] type 1 (Setting fire to the present main building, etc.): In the case where punishment is not imposed or considerable damage is recovered, [the scope of recommendation] mitigation area [the scope of recommendation] mitigation area [the crime in this case] between 1 and 6 months, and 3 years (the decision of sentence] was committed by the defendant in his residence in his carbook, and the crime of fire prevention against a building where many people exist is committed.

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