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(영문) 서울남부지방법원 2017.04.28 2017고합108
현주건조물방화
Text

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

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

Reasons

Punishment of the crime

Around October 17, 2016, around 01:27, the Defendant stated in the written indictment for suspension, which was suffering from a stop walk installed on the wall in the 4th floor toilet column of the Yeongdeungpo-gu Seoul Metropolitan Government Notice C, Yeongdeungpo-gu, Seoul. However, according to the evidence duly adopted and examined by this court, the Defendant was able to recognize the fact that the Defendant was suffering from a suspension walk, and even if so recognized, there is no concern that the Defendant would actually suffer a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Thus, the Defendant shall revise the written indictment ex officio without going through the amendment process.

The fire was destroyed by putting the fire into a razine and making it spread to the partitions of the non-breadth.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. On-site reports on the results of field identification, internal investigation reports (on-site inspection and CCTV verification), and on-site inspection reports on the cartels publicly notified C;

1. Application of the Acts and subordinate statutes to photographs by field photographs and CCTV closures;

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 stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: From one year and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] is the general criteria for the crime of fire-fighting in the case where actual damage is minor (the scope of the recommended punishment) [the scope of the recommended punishment] the area of special mitigation, the area of imprisonment from September to three years [the scope of the recommended punishment revised by the applicable sentencing guidelines] from June to three years (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the lower limit of the applicable sentencing range under the law, so the lower limit of the applicable sentencing range under the law is set at the lower limit of the applicable sentencing range).

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