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(영문) 대구지방법원 2017.09.22 2017고합361
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

The Defendant, at the residence of the Defendant and the Defendant’s wife D in Yongcheon-si, tried to leave the said residence by burning the couple’s fighting in relation to the suspicion of the influorial relationship of the ordinary victim and the issue of the birth of the children.

On August 2, 2017, at around 02:28, the Defendant: (a) destroyed a house used by the injured person as a residence (40 square meters) by attaching a stringer with a stringer who was in possession of the stringer in a string room within a string space; (b) attaching a stringer with a stringer who was in possession of the stringer; and (c) making the string of the string space available from the kitchen to the entire building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the result of fire-fighting;

1. A report on investigation (including photographs of seized articles, and accompanying materials);

1. On-site photographs (the sequence 12 of the evidence list);

1. Application of the existing Acts and subordinate statutes of one portable gater (No. 1) seized;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the general criteria for fire prevention [the scope of the recommended punishment] Class 1 (Setting fire, such as the current main building, fire prevention of public structures, etc.] and the elements for mitigation [the person subject to special sentencing] - the area subject to mitigation of punishment [the scope of the recommended punishment] 1 year and six months to three years.

3. The crime of fire-fighting, such as this case’s sentencing, is likely to undermine the public safety and peace, and to cause serious damage to the life or property of the deceased. Therefore, it is necessary to strictly punish the crime.

In addition, the defendant on August 13, 2015.

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