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(영문) 수원지방법원평택지원 2020.12.11 2020고합171
현주건조물방화
Text

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

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

Reasons

Punishment of the crime

At around 03:40 on September 20, 2020, the Defendant: (a) opened a door of the said house with D, who was the Defendant’s arsensor, and opened a door of the said house and examined the house, the Defendant’s father’s son, who was in Pyeongtaek-si B, had been in possession of the said house with the mind that he would be good if the said house was dead; and (b) attached fire, such as studs, flads, pules, vinyls, garbage, etc. to the said house.

Accordingly, the defendant set fire to and destroyed the existing structure of the D.

Summary of Evidence

1. The written statement E of the police statement of the defendant concerning D in his/her legal statement, the investigation report, the investigation report (on the spot CCTV investigation), CCTV photographs, CCTV CDs, the investigation report (to be accompanied by the suspect's small leakages or D), the investigation report (to be recorded with telephone conversations), the list of reports on 112 cases, the investigation report (to be attached to the list of reports on 112 cases), the field photo;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment [the range of the recommended punishment] according to the sentencing guidelines [the category 1]. Fire prevention of suspender buildings, etc., fire prevention of public structures, etc. (the special appearance] - mitigated factors: Where the penalty is not granted or considerable damage has been recovered, the reduced range of the sentence [the range of the recommended area and the recommended punishment], and one year to three

3. Determination of sentence: The sentence shall be determined as ordered in consideration of the various circumstances under which one year and six months of imprisonment with prison labor and two years of suspension of execution, and other various conditions of sentencing, such as the age, character and conduct, occupation, family relationship of the accused, motive of committing the crime, means, results and circumstances after committing the crime.

The instant case.

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