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(영문) 광주지방법원 2014.12.12 2014고합399
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of 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

On April 15, 2014, the defendant, who was in possession of a second floor in the apartment located in the apartment located in Gwangju Northern-gu, Gwangju, 15:45, by attaching a fire to a newspaper site, and then transferred it to a fishing room located in such a place, etc., through the wall and ceiling, and the above house used as a residence, was destroyed by setting it to the entire floor of the house used as a living room, kitchen, etc. (59 years old), and by setting it to the entire floor of the house.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statements made by the assistant judicial police officer in relation to D's statement, which fit for such statement;

1. A fire survey report and each statement fit for the results of fire site identification;

1. Application of each video statute suitable for the foregoing, among photographs of the site and its surroundings, and photo of a log image discovered at the site;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Defendant committed the instant crime in a somewhat contingent and contingent manner under the influence of liquor, and Article D was not punished against the Defendant, and Article 62 (3) of the Defendant also accepted the instant

1. The following facts can be acknowledged according to the reasons for sentencing under Article 62-2 of the Criminal Act on Probation (the fact of imprisonment).

1. The Defendant committed the instant crime after: (a) the Defendant, who had been living together, avoided the Defendant who exercised violence upon the withdrawal of alcohol; and (b) called D by telephone, “I am out of the house,” and committed the instant crime.

2. After committing the crime, the instant fire-prevention house is the Defendant and D.

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