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(영문) 제주지방법원 2016.09.08 2016고합91
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the vicinity of the preceding defendant's house, stolen the sacrific doctrine owned by another person and received a visit from a police officer on April 14, 2016, followed by the theft of the sacrific doctrine owned by another person, and the Defendant was able to commit suicide with his own house living together with his children.

On the same day, the Defendant sent a fire to gas bags 612, 606 of Seopo-si apartment C, which had been leased and resided from the Korea Land and Housing Corporation of the victim, and sent a fire to the gas bags, which had been brought from the room of the children above, by attaching the fire to such a way as to raise the fire.

As a result, the defendant destroyed the above apartment that the defendant used as a residence together with children to be equivalent to KRW 1,470,000 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. On-site reports and comprehensive reports on fire occurrence;

1. A copy of the lease contract, a written estimate;

1. Application of related photographs and on-site photographs statutes;

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. 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. The range of recommending punishment according to the sentencing criteria (the scope of recommending punishment) [the scope of recommending punishment] and the general criteria for fire-fighting crimes shall be the mitigated area (one year and six months - three years) (special mitigation persons].

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the Defendant leased from the victim to his family and committed the instant crime in an apartment owned by the victim by attaching it to whether he was gas in the house living together with his family members.

The defendant is on a large scale.

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