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(영문) 창원지방법원 2017.09.21 2017고합161
현존건조물방화
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant was living in the prefabricated-type building attached to the “E cafeteria” building operated by the Defendant, who is the arbitr of the Defendant Kimhae-si (hereinafter address omitted) on April 6, 2017, and was living in the prefabricated-type building attached to the “E cafeteria” building operated by the Defendant, and the Defendant F of the Defendant’s Cho F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of the Republic of Korea. The Defendant was f of F of F of F of the foregoing building

The Defendant, at around 12:40 on the same day, set off a fluor used by the Defendant on the floor of the building attached to the above “E cafeteria” building with many people, such as employees in non-name and customers, and set fire to the wall of the above building by dluoring off the fluor oil in the above dluor, and attaching it with a single-use dluter in advance, which was in possession.

Accordingly, the defendant was destroyed by a building in which people exist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a fire, an investigation report (in-depth rescue, etc.), an investigation report (in-depth hearing statements of a victim), an investigation report (in-depth hearing statements of a person in charge of a defense room);

1. To forward a report on the results of field identification, the photographic records of the case of a fire (a building), reply to a request for appraisal, or a written investigation at a fire site;

1. Application of the existing Acts and subordinate statutes of one disposable Roter (No. 1) that has been seized;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. 몰수 형법 제 48조 제 1 항 제 1호 양형의 이유 ◈ 법률상 처단형의 범위: 징역 1년 6월 ~ 15년 ◈ 양형기준상 권고 형의 범위 [ 유형의 결정] 일반적 기준 >...

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