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(영문) 창원지방법원 마산지원 2020.05.29 2020고합13
현존건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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 19:40 on October 28, 2019, the Defendant: (a) at the Defendant’s dwelling room located in Changwon-si, Changwon-si B apartment C, the Defendant: (b) at the Defendant’s dwelling room located in Changwon-si, Changwon-si; (c) at the same time, the Defendant expressed the Defendant’s desire to “Sari, women-friendly job-friendly D with the horses,” and (d) at the above D; (b) attached a fire on a disposable dog; and (c) caused the sariicide using the press to spread down the sari and thir ability to put it into a calendar, thereby causing approximately KRW 10 million of the repair cost to go out.

Accordingly, the defendant destroyed a building in which people exist by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Three copies of a on-site photograph, CCTV image photograph, and photograph;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents, reports on the results of field identification, and reports on internal investigation;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types) [the category 1] the basic area of fire prevention (the scope of recommended fields and recommendations], such as main buildings, fire prevention of main buildings, public structures, etc., and fire prevention (the scope of recommended fields and recommendations], two years to five years.

3. Determination of sentence: Imprisonment with prison labor for two years, suspension of execution for three years, community service work for 80 hours, the crime of this case was destroyed by setting fire to apartment buildings in which many people live, and the crime of this case is highly likely to cause serious damage to the life and property of the people who live more drastically.

However, the defendant recognized the crime of this case and appeared to be against the defendant, and D at the time of the fire of this case as soon as possible.

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