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(영문) 서울남부지방법원 2019.10.31 2015고합126
현주건조물방화
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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2015, at around 15:40 on January 28, 2015, the Defendant: (a) asked D to “balone at this house” in the residence of a person living together with the building B of Gangseo-gu Seoul Metropolitan Government; (b) however, upon the request of D, the Defendant destroyed the house inside the house used by D with a repair cost of at least 500,000 won by attaching a fire over several occasions on the beer where it was located on the floor inside the above residence; and (c) caused D to spread to the entire inside the inside of the house through a stalth wall, ceiling, etc. using a log located on the floor inside the above residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation record of seizure;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to fire-prevention field photographs;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment shall be determined by comprehensively taking into account all the factors of sentencing, including the Defendant’s age, character and conduct, environment, family relationship, and motive and circumstance of the instant crime, which are favorable or unfavorable to the same Defendant, as indicated in the reasoning of sentencing.

Unfavorable circumstances: Fire-fighting is likely to undermine public safety and peace and cause serious damage to a large number of life, body, or property, and is likely to cause serious social harm.

The defendant recognizes all crimes in favor of him/her, and is against him/her.

Defendant appears to have committed a crime contingently, and voluntarily surrenders to investigation agencies after committing a crime.

As a result of the instant crime, there was no loss of human life.

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