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(영문) 서울남부지방법원 2015.05.15 2015고합99
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol, was unable to discern things or make decisions, was unable to take part of the kitchen clurbing, etc. of the said dwelling by attaching the volume of about 1 liter in the time when he/she was in possession of the room and the kitchen floor, etc. while he/she was in dispute with the denied victim D (the age of 52) at the Defendant’s dwelling in Guro-gu Seoul and 102, Guro-gu Seoul, Seoul, and 102, and he/she was in dispute with the victim D (the age of 52).

As such, the Defendant destroyed a structure used as a residence by the victim, and suffered pictures of approximately 3 to 4 weeks from the victim, which require approximately 2 to 3 weeks of medical treatment, and also 2 to 3 of the proposal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (Attachment of a medical certificate and change of the name of the crime);

1. Application of statutes, such as site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and the proviso of Article 164 (2) and Article 164 (1) of the Criminal Act selecting a penalty;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendations on the sentencing criteria (decision of types), range of recommendations (decision of types), range of crimes against fire, injury or death caused by fire, such as front buildings, etc., type 1 (Death or Injury resulting from Fire Caused by Present Living Building, etc.) (Special Convicts), penalty not to be imposed (Scope of recommendations) (Scope of punishment), from June to five years; and

2. A dispute arises with a victim who has rendered an adjudication of sentence;

It is necessary to take responsibility corresponding to the degree of danger and illegality in that the victim's residence was destroyed by sacriffing a collapse in the house, sacrifies, and part of the residence was destroyed by the injury, and there was a possibility of spreading the large accident

However, it is a criminal act that has committed contingently, and the defendant has suffered a minor injury due to fire prevention, and the victim complained of the wife and has no criminal record of the same kind of punishment.

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