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(영문) 대구지방법원 2014.02.07 2013고합521
현주건조물방화
Text

A defendant shall be punished by imprisonment for one year.

A disposable dys (Evidence No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant of criminal records was sentenced to one year of imprisonment with prison labor for general buildings and fire-prevention at the Daegu District Court on February 8, 2012, and the said judgment became final and conclusive on September 6, 2012, and is still under suspension of execution.

Criminal facts

The Defendant was a guest with the Domoel 203 Doocheon-si, Youngcheon-si.

On November 2, 2013, at around 16:20, the Defendant offered the victim E, a business owner, to pay accommodation expenses at the above telecom, but was refused. However, the Defendant was unable to take all of the guest room by attaching a fire to a stop by using a portable gas camera, which was in possession after leaving the outer stop in the above guest room at the above time.

Accordingly, the Defendant destroyed the fire by burning the market price of E owned by others than the above E used as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement of G and H;

1. Investigation report (in cases of a person who commits a crime, such as a criminal tool, a guest, and damaged articles, and an on-site photograph);

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation records, investigation reports (report attached to the same criminal records);

1. Relevant Article 164(1) of the Criminal Act (Selection of Imprisonment or imprisonment for a limited term);

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Scope of the recommended punishment according to the sentencing criteria (the determination of a type) [the general criteria for fire prevention], such as main buildings, fire prevention including main buildings, etc., fire prevention (special sponsed persons] - mitigated factors: Voluntary number of persons, not subject to punishment [the decision on the recommended area] special mitigation areas / 9 months to 3 years [the scope of the recommended punishment] from September to 3 years from imprisonment [the scope of general mitigation persons] - Indivating factors: Where there is a risk of causing many victims or causing large damage;

3. Determination of sentence:

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