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(영문) 대구지방법원 2016.06.24 2016고합147
현주건조물방화등
Text

A defendant shall be punished by imprisonment for two years.

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

(e).

Reasons

Punishment of the crime

Around March 2, 2016, when the defendant lacks the ability or decision to discern things due to mental disorder caused by editing illness, the defendant was unable to sleep from the defendant's house inside the house of the defendant, which was located in Daegu Sirororororo C lending 301 on March 2, 2016, due to an influence, and was thought that he was deprived of people around his surroundings and was unable to adapt well to the workplace, and eventually, he was able to commit suicide, and the window that was used at the time of usual specifications was fluence, and the defendant puts the fluence on the end of the fluence, and the flusium was put in the clothes where the flusium was attached to the clothes where the flusium was attached, and the flusium was 401 inside the whole inside the 301 flusium and the flusium 401 flusium like the inside the 301 flusium.

Accordingly, the Defendant destroyed the entire building Nos. 301 and 401 owned by the victim E, which are owned by the father D of the Defendant, to have an amount equivalent to KRW 4,016,500.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the result of fire-fighting;

1. Fire site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written estimate);

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 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. Scope of a recommended sentence on the sentencing guidelines: One year and half years from June to three years (the type of determination), general standards for fire prevention, and one year and three years (the current owner of a building, etc.) [the person subject to special sentencing] mitigation factors (the decision in the sphere of recommendation] mitigation factors (the decision in the sphere of recommendation] mitigation area (the scope of the recommended punishment] one year and six months to three years.

3. Determination of sentence: The issue of the instant crime is the instant crime, in light of the fact that not only the house in which the Defendant resides, but also the upper house, among multi-households as fire-prevention activities of the Defendant for two years of imprisonment and three years of suspended execution, were destroyed by considerable damage.

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