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(영문) 의정부지방법원 2018.06.15 2018고합103
현주건조물방화
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant and C have maintained friendship for not less than 15 years as a person in writing.

Although the defendant asked to find out the jobs that can receive a monthly wage to the above C who received a higher monthly wage while referring to the same work, the defendant did not receive the jobs required for mind.

Accordingly, on April 5, 2018, the Defendant: (a) around 02:05, around 02:05, before the victim E and the second floor of the victim’s 2nd floor residing in Namyang-si; (b) up to the second floor of the victim’s 1st floor, the Defendant attached the string with the stringer in possession of the upper clothes prepared in advance under the steel strawing stairs, which was in possession of the second floor of the victim’s residence, and moved to the 2nd floor of the 2nd floor, and moved to the string of the non-breadth stairs; (c) caused damage equivalent to KRW 20 million at the market price by burning the outer wall, roof, cooling, TV, etc. of the victim’s 1st floor; and (d) caused damage equivalent to KRW 9 million at the victim’s outer wall, gas boiler, etc. inside the victim’s house.

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 protocol with respect to E and C;

1. G and F statements;

1. The application of Acts and subordinate statutes, such as a written estimate of damage, a report on the results of field identification, data on field photo, data on the analysis of CCTV in warehouses G, data on CCTV analysis of H Voluntary Crime Prevention Guards, suspect photographic data, results of identification at the scene of a fire, and photographs;

1. Relevant Article 164 of the Criminal Act, Article 164 (1) of the Criminal Act, and reasons for imposing sentence of imprisonment for a limited term of crime;

1. The scope of punishment by law: Three to thirty years of imprisonment;

2. The application of the sentencing criteria [the type] general criteria for fire prevention shall be either when multiple victims have occurred, or when damage is larger, (the special sentencing factors) type 1 (the prevention of fire, such as the main building, etc., the public structure, etc.) (the prevention of fire).

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