logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.11.15 2013고합416
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

피고인은 평소 자신이 돈을 잘 벌지 못해 궁핍한 생활을 하는 것에 비관하고, 2013. 8. 30. 처와 다툰 후 처가 자녀를 데리고 시댁으로 간 것에 화가 나 집에 불을 지르기로 마음먹었다.

On September 1, 2013, at around 12:30, the Defendant purchased one plastic container from D companies located in Daegu-gu, Daegu-gu, and purchased 10,000 won of petroleum in the E stations near it, and had 10,000 won of petroleum in the E stations near it and 102 of multi-household housing where 10 households located in Daegu-gu, Daegu-gu, located in the aforesaid container.

At around 13:30 on the same day, the Defendant: (a) placed the above petroleum in a ward in the house, floor, and small room with a rater who was in possession of the said petroleum attached with her clothes in a small room; and (b) had the said multi-household housing spread to the inside of the walls, ceilings, etc.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each protocol of seizure and the list of seizure;

1. On-site reports on results of field identification;

1. Protocol of inspection;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (with respect to the confirmation of the headquarters, attaching photographs of the suspect's coordinates and outstanding microscopes);

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Sentencing Criteria for the crime of fire-prevention of the present owner's building (the determination of a type). Fire-prevention such as the present owner's building, etc., the fire-prevention (special person) such as public structures, etc. - In a case where self-denunciation, the amount of punishment, or considerable damage has been recovered, [the determination of the recommended area] imprisonment from 9 months to 3 years [the scope of the recommended area] imprisonment with prison labor (general person] - the mitigated element: serious reflect - the aggravated element:

arrow