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(영문) 대전지방법원 홍성지원 2015.01.22 2014고합109
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant did not pay rent, electricity, etc. to the lessee of a multi-household household owned by the victim D in Chungcheongnam-gun Hong-gun, Hongsung-gun, and was urged from the above victim, which led to mind that the Defendant was fluoring a fire in his house.

On November 24, 2014, at around 19:30 on November 24, 2014, the Defendant: (a) stored cremation and newspaper sites on the floor of the room of the Defendant on the first floor of the foregoing housing; (b) roots insects; and (c) laid down a drop with fire, flaping the floor of the non-breadth, and allowed the Defendant to load all the above

As a result, the Defendant: (a) destroyed one house used by 6 persons such as the victim D and his family members and tenants as a residence by making the amount of repairing costs of 14,200,000 won at the market price; and (b) caused the victim E (68 years old) who was on the first floor of the said house to enter the video of the non-permanent part of the treatment days of the Mauritius.

Summary of Evidence

1. Defendant's legal statement;

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

1. Results of fire site identification, and photographs of fire-proof records, etc.;

1. Written estimate, a certificate of entry and discharge, and a statement of opinion;

1. Application of Acts and subordinate statutes to record on-site photographs, damaged photographs, and fire site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and the proviso of Article 164 (2) and Article 164 (1) of the Criminal Act selecting a penalty;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. Application of the sentencing criteria [Determination of types] Fire-fighting crime, injury or death caused by fire, such as suspender buildings, etc., Type 1 (Death or Injury resulting from Fire-Fighting of Present Living Building, etc.): Insignificant injury [the area of recommendation and recommendation range] mitigation range, imprisonment with prison labor for two years and six months or more to five years; and

3. Determination of sentence: The crime of this case in two and a half years of imprisonment shall be committed by the defendant who sets fire to his own residence and burns the inside and shall be inflicted on the victims living in the same house with great property damage.

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