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(영문) 광주지방법원 2017.11.24 2017고합422
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2017, the Defendant: (a) around 17:00, the Victim D operated by the victim D in Gwangju Northern-gu, Gwangju, about 507, attempted suicide by putting three balls on the floor of the guest room and avoiding suicide; (b) but as a result, the Defendant got off the dog from the guest room and moved it to the stude.

In this respect, the defendant destroyed part of the Moel board owned by the victim, which is used as a residence by the Moel customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a disaster;

1. Each investigation report (including the documents attached Nos. 2, 10, 11, and 12 of the evidence list);

1. All on-site photographs;

1. Report on internal investigation (No. 5 No. 5 of the evidence list);

1. Application of a report on the result of identification of the suspender, and of a reply to each request for appraisal;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [the type of determination] general criteria for fire prevention: Class 1 (Setting fire to main buildings, etc., prevention of public structures, etc.) [Special Sentencing Persons] - Where actual damage is insignificant: In the case of minor damage [the area of recommendation] mitigation area [the scope of recommendation punishment] one year and six months or three years; and

3. The crime of this case committed by the Defendant was destroyed by setting fire to the apartment in which many guests reside, and if the crime was spread without extinguishing fire, the nature of the crime is not good, and it is unfavorable for the Defendant to the extent that it could cause serious damage to the lives and property of a large number of people.

On the other hand, the fact that the defendant recognizes and reflects his criminal act, is caused by fire prevention.

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