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(영문) 춘천지방법원 2015.11.24 2015고합65
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2015, at around 00:18, the Defendant suspected that the victim D, who is her husband, was not able to return home at the Defendant’s residence located in Hongcheon-gun, Hongcheon-gun, the Defendant brought the transit gate under the entrance stairs, and ignited the transit through the inner bed in the inner bed, which is used by the victim, and added a fire to the whole building.

As a result, the defendant set fire to and destroyed the structure that the victim uses as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to report on the results of field identification;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general criteria for fire-fighting crimes, including front buildings, etc. (type 1) no fire-fighting (general mitigation factors] (general mitigation factors), effort to prevent the spread of harm, and serious reflect [the scope of recommended sentences] basic area (two to five years).

3. Whether to suspend the execution or not: There is no positive [main reasons for writing] (The reason for writing in general): The lack of social ties, positive factors for alcohol addiction: the efforts to prevent extinguishment or other spread of damage, serious reflectness, contingent crimes, or criminal records of a stay of execution or heavier punishment;

4. Determination of sentence: Imprisonment with prison labor for 2 years, suspended execution for 4 years, and fire prevention for 4 years is a serious crime that may cause wide and wide damage to human life and property. In particular, the fire prevention to a place where people use a residence is more dangerous in light of the fact that the risk is higher, the nature of the crime is very poor and the liability for the crime is

However, the defendant has a deep depth.

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