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(영문) 의정부지방법원 고양지원 2016.07.08 2016고합52
현주건조물방화
Text

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

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

At around 05:45 on March 17, 2012, the Defendant was unable to supply repair costs to the building owned by the Korea Land and Housing Corporation for the victim by 6,937,000 won on a building owned by the Korea Land and Housing Corporation, which is a building owned by the victim, by putting the door door and gate up on the house, while usual D had been living together with D with D about a de facto related person in de facto marriage 202, 807, a person interested in a de facto marriage with E and related persons at his house.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a fire and a criminal investigation report (on-site clinical investigation, etc., and relative investigation into fire officers at the first site);

1. Application of Acts and subordinate statutes to a field report, such as data and estimates on the scene of a fire;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the recommended punishment [the scope of the punishment [the scope of the recommended punishment] that there is no type 1 (the setting of the current main building, fire prevention of buildings, public structures, etc.) [the person subject to special sentencing] [the decision of the area of recommendation] and the basic area (two to five years from imprisonment] (the scope of the recommended punishment] 2 to five years.

3. Criteria for the suspension of execution [main reasons for the suspension of execution] positive: No history of criminal punishment (general reasons for consideration) is positive that no effort is made to recover damage: There is no contingent crime, serious reflector, or any criminal record of a stay of execution or more;

4. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a period of three years under a suspended sentence shall be used for human habitation;

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