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(영문) 수원지방법원 평택지원 2018.06.01 2018고합60
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was married from his family members while she was married to his/her family in his/her family in his/her family life in Ansan-si 209 from November 2017.

In other words, I thought that the remaining dwellings were put to prison labor, and sentenced to imprisonment.

At around 20:00 on April 11, 2018, the Defendant: (a) accumulated a paper stuff, paper stuff, and paper stude collected from his own interest and the 1st floor separate collection box of Bara-Ba-Ba in the Defendant’s residence; (b) attached a stude with a stud stude, etc. which had been in possession; (c) confirmed that the stude was normally emitted; and (d) moved a stude attached to the above stude, etc. into the stude, etc.

Accordingly, the Defendant destroyed the floor board of 209, among the above C-Ba buildings used by 17 households as dwelling, to the extent that the repair cost of 1850,000 won is exceeded.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. On-site photographs and investigation reports (Attachment to fire prevention scene photographs);

1. Statement made by the police against D;

1. CCTV closure photographs;

1. Written estimate;

1. The application of Acts and subordinate statutes to correspondences (request for cooperation in investigation affairs);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] and the general criteria for fire prevention (Setting fire to the present main building, fire prevention of public structures, etc.) [Special sentencing factors] mitigation factors: In the event that punishment is not imposed or considerable damage has been restored to a certain part [the scope of the recommended punishment, the scope of the recommended punishment] mitigation range, one year and six months to three years imprisonment.

3. Determination of sentence: Imprisonment with prison labor, for a year and six months, and for a year of suspended execution, the crime of this case;

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