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(영문) 수원지방법원 성남지원 2014.09.04 2014고합208
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was found on July 26, 2014 that the father and the victims were living in his father E, D, and her mother victim F was living in his father for about one year since 1 year ago, and did not communicate almost with her family because she was living in his father, E, D, and her mother victim F. It was found on July 26, 2014 that the father and the victims were living in Sungnam-gu G apartment 504 Dong 1701.

The defendant entered a small room, which was used in front of his father without his father's house, and went to the end of the dispute due to the use of credit cards, etc., while making his father and telephone calls, and had him grow up to the thring by attaching the clothes which were in front of his book to the string.

As a result, the Defendant destroyed the fire by burning the smaller internal room equivalent to KRW 1,525,00 of the market price of E owned by the victims used as their residence.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to records and photographs of a scientific investigation team;

1. Article 164 (1) of the Criminal Act applicable to the facts constituting an offense and Article 164 (1) of the Election of Imprisonment;

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 extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 48(1)1 of the Criminal Code for confiscation is that the crime of fire-prevention against the main structure is not easy because it may cause serious damage to the lives, bodies, and property of many people.

Moreover, even though the defendant is aware that the victims are present in the house, it is highly likely to criticize them.

However, there was no loss of human life due to early extinguishment of fire, damage amount was not significant, and the defendant caused the crime of this case by contingently at the end of the dispute with his father E while drinking.

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