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(영문) 대구지방법원 2016.10.07 2016고합361
현주건조물방화
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

The Defendant leased a part of the second floor of the commercial building owned by Daegu Dong-gu, and was engaged in the household-making and sales business at that place, and committed suicide with his personal seal on the ground of business depression.

On May 5, 2016, at around 09:30 on May 5, 2016, the Defendant, at the office of the second floor of the above commercial building, laid a ice connected to the boiler oil tank, and tried to commit suicide with oil emitted from the ice, contained in the plastic stop tank, with the oil loaded in the plastic stop tank, with the oil loaded in the plastic stop box, but failed to put the oil into the body by putting it up with the following number.

Therefore, the defendant had already laid down the fire that he tried to commit suicide on the floor where oil flows, explosiond combustible gas, etc., and allowed the second floor office where it was located.

Accordingly, the Defendant, at the convenience store and restaurant of the first floor, destroyed part of the second floor of the building structure of the fourth floor in which people exist (a approximately 66 square meters).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A report on the results of field identification;

1. Investigation report (whether there are other persons to the damaged building);

1. Application of Acts and subordinate statutes of the legal chemical appraisal report;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the general criteria for fire prevention (the scope of recommendations) shall be prescribed by imprisonment for two to five years (the basic area).

3. Determination of sentence: Imprisonment with prison labor for two years, suspension of execution for three years, causing a lot of damage to property by setting fire in a building in which people exist, and the scale of a fire shall be deemed as a large life;

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