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(영문) 대전지방법원 천안지원 2018.05.30 2018고합68
현주건조물방화
Text

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

Reasons

Punishment of the crime

The defendant is a tenant of the C Studio 202 in the Asia-si.

On March 24, 2018, around 16:40, around 2018, the Defendant: (a) committed suicide with his wife, who did not receive a demand for eviction from the owner of the house with a view to drinking alcohol; and (b) carried out drinking in the above room, the Defendant destroyed that the Defendant’s negligence amounting to KRW 11,962,50,00 of the amount of damage, by putting the door on the room room and putting the barbs and clothes together with a single-use dog with a single-use dog.

Accordingly, the defendant set fire to the above studio building which 7 households move in and used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site reports on results of field identification, on-site reports, and on-site photographs of the case;

1. An investigation report (verification of the number of households available), and a report on internal investigation (on-site inspection results);

1. Application of the statutes governing a written estimate;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Type 1 (Setting a type) (Setting a range of recommending punishment, setting a fire to the present building, etc., and setting fire to public buildings, etc.) (Special sentencing factors): Reduction factors: Reduction area of punishment, in cases where the amount of punishment is not or considerable damage is recovered (decision on the recommended area, the scope of recommending punishment), mitigation area of punishment, in cases where the amount of punishment is reduced (decision on the recommended area, and the scope of recommending punishment), one year and six months to three years.

3. Determination of sentence: The crime in this case was committed in one year and six months of imprisonment with prison labor, which was destroyed by a substantial part inside the defense room where the defendant was in fire.

This is a serious loss of human life and property to other persons residing in a building due to the risk, possibility of burning, etc. of variable and unpredictable fire.

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