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(영문) 서울중앙지방법원 2014.11.14 2014고합988
현주건조물방화
Text

A defendant shall be punished by imprisonment for four years.

One document that has been seized (No. 1) and one plastic box (No. 2).

Reasons

Punishment of the crime

Before about 10 years, the defendant thought that the victim C who was represented by a lawyer in his civil lawsuit did not lose his property in the above civil lawsuit and did not lose his property in the other party's trust with the other party, and purchased 5 liters in advance in his car car and found the office of the victim.

Thus, at around 12:45 on August 4, 2014, the Defendant: (a) at the attorney-at-law office in charge of the operation of the victim under 502 of the Seocho-gu Seoul Metropolitan Government D D Building, four persons, including the head of office E, office staff F, and two visitors in distress who have caused consultation; (b) as seen above, he saw a prepared tidal wave to the floor of the floor; and (c) was aground for the head of cremations, and then 50 square meters of the size of 40 square meters of the floor by attaching a laz with a laz, and through the furniture, documents, and building walls.

Accordingly, the Defendant destroyed a structure owned by the victim school juristic person G by setting fire to and by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement by the police of C and F;

1. On-site photographs, evidence photographs, certified copy of the damaged building register, and summary map of the damaged building;

1. Application of each investigation report (the No. 12, 15 of the evidence list), and the Acts and subordinate statutes governing prosecutions;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 164 (1) of the Criminal Act for the choice of punishment;

1. The scope of punishment by sentence: Imprisonment for not less than three years but not more than 30 years;

2. Application of the sentencing criteria: Imprisonment with prison labor for not less than four years but not more than seven years (decision of a type): type 1 (Setting fire, such as prime building, etc., fire prevention of public structures, etc.) mitigation element: self-denunciation and aggravation element: in a case where a large number of victims are generated, damage is large, or a victim is causing serious damage (decision of the recommended field). The person who is in the same number as the aggravated area is more severe than the same person/other persons.

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