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(영문) 대구지방법원 2015.04.10 2015고합39
일반건조물방화
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 03:00 on November 26, 2014, the Defendant, while drinking c, D, E, and alcohol at a main station near Yong-Namnam University located in Busan, had a military intervention issue on the ground that the victim responded with her influence. However, the Defendant, including the victim, had an appraisal on the ground that the victim respondeded to her influence, was able to drink her only with her own other place, and her talked with the victim in a singing practice in the operation of the victim.

피고인은 2014. 11. 26. 08:25경 경산시 F에 있는 피해자 운영의 ‘G’ 노래연습장에 이르러 위 노래연습장 창고 밖 샛길에서 플라스틱 통에 들어 있는 불상의 인화성 액체를 창고 창틀에 들이붓고 소지하고 있는 라이터로 불을 붙여 이로 인하여 그 불이 위 노래연습장 창고로 번지게 하였다.

Accordingly, the Defendant destroyed a structure owned by another person by burning the amount of KRW 1,113,500 at the market price of a part of the karaoke machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Application of the relevant Acts and subordinate statutes to reports on internal investigation, field photographs of the case, reports on the results of field identification, field photographs, and written estimates;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types), group of fire-fighting crimes, general standards, type 2 (Setting fire to general buildings, etc.) (Specially Convicted Persons): Reduction factors: Reduction factors of punishment (Scope of recommending punishment) from one year to two years ( mitigated areas);

3. Determination of sentence: Imprisonment with prison labor for two years, probation for three years, and probation for the crime of this case means that the criminal defendant put inflammable liquid into the window of a singing practice room, and destroyed the general structure of the operation of the victim by attaching it into a stringer.

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