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(영문) 광주지방법원 해남지원 2016.11.09 2016고합39
현주건조물방화
Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant had been dissatisfied with the fact that a male who had been living in South, South, South, South, South, 105 102, had been dissatisfied with the lending of gambling money to the husband of the defendant. On March 19, 2016, at around 00:40, at around 100:40, 105 Da-102, the defendant mispers that he had been living in the same way as a male who had been living outside of the multi-use window, and asked the above apartment into a case where he was dried up petroleum prepared in advance from the window of the multi-use window, and put a case into the window where he was dried up.

Accordingly, the defendant destroyed part of the apartment used by the victim D and his family as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Police seizure records;

1. Legal chemical appraisal report and inquiry report requested for appraisal;

1. Each investigation report (Attachment of the 112 Report processing details, attachment of a report on the results of field identification, a suspect who is listed in the C Apartment CCTV, a F cafeteria CCTV verification, CCTV verification, CCTV verification, a suspect's specific circumstances in the west-gu vehicle, CCTV verification in the west-Eup Office, H CCTV verification, detailed details of the intended vehicle, vehicle inquiry by mobile route suspects, attachment of CCTV image in major points, and application of statutes);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of sentenced punishment: Imprisonment for one year and six months to fifteen years;

2. Where the sentencing criteria are applied [decision of type] and the category 1 (Setting Fire to Present Living Building, Fire-Fighting to Public Structures, etc.) (Special Convicts] and the penalty surcharge is not imposed, or considerable damage is recovered (the scope of recommending punishment], and one year and six months through three years ( mitigated areas).

3. The defendant, who has been sentenced to sentence, has committed a fire in a situation where the victim and his family members are diving on apartment used by the victim as a residence.

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