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(영문) 대전지방법원 2014.05.30 2014고합89
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

As a private taxi driver, the defendant is living together with D, the wife of the defendant in Seo-gu Daejeon, Seo-gu, Daejeon, 104 Dong 302.

On March 22, 2014, when the Defendant left home and raised a complaint against the Defendant’s repeated demand for divorce, the Defendant told E, a security guard employee of the above apartment site, “Is up to 104 Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

On March 22, 2014, at around 01:58, the defendant entered the defendant's house of the above apartment No. 104 302, the defendant's house and kept in Vietnam, and "KS" as stated in the GSS bill of indictment, seems to be a clerical error.

The engine 4 liter of the day is fluorized on the part of the living room so that clothes, etc. are stored on the part of the ward sofluor, and with fire fluor attached with fire fluor to the entire annual area of 85 square meters inside the non-breadth apartment, the above apartment apartment 104 Dong 300,000 won was destroyed so that the repair cost of 30,000,000 won is reached. Then, the victim F, etc. was spread to the neighboring apartment and used as a dwelling by the victim F, etc. for the same residential purpose as the victim F, etc. was destroyed by fire 301 of the same 301 Vietnam, fire gara, etc., and the victim G, etc. was respectively destroyed so that the market repair cost

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written statement of G and F;

1. A written appraisal;

1. Application of the Acts and subordinate statutes on site photographs and CCTV closures;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria (the scope of recommendations) general standards.

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