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(영문) 대구지방법원 서부지원 2013.08.29 2013고합128
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Since about two years ago, the Defendant had been married in the first floor of the Korea-style tree group on the ground of Korea-style wood group owned by the victim D in Daegu-gu, Daegu-gu.

On July 18, 2013, the defendant, at around 13:11, 2013, divorced from the above defendant's house, had the defendant 25.69 square meters of total floor area of the building on the wall of the 25.69 square meters, by putting the fire in the above house with a stringer who had been holding in advance of the payment of the inside Twit Lease, on the ground that the marbing of the mar between the defendant's house and the marbation is external and unfair.

Accordingly, the Defendant, who himself uses as a residence, destroyed the fire by burning the total amount of KRW 10 million in the market price, such as one unit of the above detached house used by himself/herself as a residence, and household housing districts owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of a sentence] the general criteria for fire prevention, such as general buildings and other fire-fighting [the person who is subject to special mitigation] mental or physical disability (the person who is not responsible in person), the decision of the recommended area] the decision of the recommendation area [the scope of the recommendation area] the special mitigation area [the scope of the recommendation area] 6 months to 2 years [the suspension of execution] - Where the penalty is not imposed or considerable damage is recovered, the major positive factors - general negative factors - the addiction or alcohol addiction - there are no criminal records above any contingent crime or suspension of execution.

3. The crime of this case, which is determined to be sentenced, may cause serious damage to the lives and property of a large number of persons, and thus pose a serious threat to public safety and peace.

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