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(영문) 광주지방법원 순천지원 2017.06.15 2017고합87
현존건조물방화
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:40 on February 5, 2017, the Defendant calculated the drinking value on the ground that he drinks would be bad to himself at the E main shop operated by C victim D, and after having a preliminary gasoline kept in the Defendant’s vehicle, and attached gasoline to the guns that he was in possession of gasoline inside the window through the toilet window at the above main shop, and made it spread to part of the fluor of the fluor, the window of the fluor, the fluor of cremation fluor, and the fluor of the fluor of the fluor.

Accordingly, the Defendant destroyed the 4.560,000 won at the market price of the existing building by setting fire to the victim and customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and H;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes on inland inspection (CCTV inspection);

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for a period of one year and six months from six months to three years (the type of determination), and the general criteria for fire prevention (the prevention of fire, such as the main building, building, etc.) [special sentencing factors] mitigation factors: in cases where the punishment is not imposed or considerable damage has been recovered (the decision on the territory of recommendation is made), the mitigation area, one year and six months from June to three years from the date of reduction.

3. Determination of sentence: One year and six months of imprisonment, and the crime of this case with three years of suspended sentence is a case where the defendant, while under the influence of alcohol, did not have any particular original relationship on the ground that he was in the attitude of his employee, and the crime of this case is not a good quality considering the motive and the relationship with the victim.

Provided, That the victim is only the defendant.

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