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(영문) 대구지방법원 2013.06.21 2013고합82
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2013, at around 21:25, the Defendant: (a) destroyed part of the floor of the Bagdong-gu C Building 503, the Defendant, on the ground that under the influence of alcohol in the Defendant’s dwelling area, it was not good for the Defendant to have a part of the 2,660,000 won of the Bag-gu floor of the Defendant’s Dogdong-gu C Building 503, which was accumulated on the floor of the living room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on the results of field identification;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The offense of reason and fire prevention of sentencing under Article 62 (1) of the Criminal Act is highly likely to cause serious danger of public safety and peace, and serious danger of causing serious damage to the life, body, property, etc. of innocent people, and the quality of the offense is not exceptionally specified;

However, in full view of the facts that the Defendant was the primary offender, that there was no loss of human life due to the fire of this case, that the damage was completely recovered, that the victim was taking a disposition against the Defendant’s centrality, that the Defendant was committed in favor of him, that the Defendant was aware of and against the instant crime, and all other circumstances that form the conditions for sentencing specified in the records and arguments, the sentence should be determined as ordered and the execution of the sentence shall be suspended.

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