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(영문) 수원지방법원 2014.08.26 2014고합320
일반건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant thought that the victim C who was a type with no good reputation continued to disregard himself/herself without having a telephone, and thought that he/she did not go to the “E office” office in Osan City D, Osan-si.

On June 1, 2014, at around 17:35, the Defendant entered the “E” office located in the “G” office located in the victim F’s 1st floor container, prepared in advance at the cremation site where the victim’s 1st floor container was located, attached a bitter, and collected the incombustible toilet site as a place where the paper stuff was stored. Accordingly, the Defendant got the entire office of the “E” office located in the first floor container and the second floor container.

In the end, the Defendant destroyed the victim F's market price of KRW 4 million, which the victim F used as the office, by burning one container with the market price of KRW 2 million owned by the victim C, and one container with the market price of KRW 2 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, F, and C;

1. Seizure records;

1. Application of Acts and subordinate statutes to field file reports;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the sentencing criteria [Determination of types] general criteria for fire-fighting crimes, fire-prevention [Determination of the recommending area] basic area (the scope of recommending punishment], such as general buildings, etc., from June to three years of imprisonment.

3. The crime of this case in which the defendant committed the crime of this case, which was sentenced to the punishment, is a case where the victim's property was destroyed by a fire-fighting office where the defendant was in a usual fire-fighting, and the defendant suffered considerable property damage to the victims of this case, and the spread of the fire-fighting in this case could cause serious damage that could not be complied with to a large number of lives and property, and in particular, the defendant has not recovered from damage.

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