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(영문) 부산지방법원 2020.06.05 2020고합121
현주건조물방화
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant stated in the indictment on March 10, 2020 as “ March 11, 2020.” However, this is obvious that it is a clerical error due to an error in “ March 10, 2020.” Thus, it is correct ex officio.

At around 23:10, the defendant's house in Busan Dongdong-gu B building C, which had drinking together with her husband D, and had 1.5 liter's 1.5 liter's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

Accordingly, the defendant set fire to and damaged a building in which people exist.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on the occurrence of a fire, reports on the results of field meals, on-site photographs, and reports on the results of fire-fighting;

1. Application of Acts and subordinate statutes to requests for appraisal, legal chemical appraisal, and fire site investigation reports;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

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

2. Scope of recommended sentences according to the sentencing guidelines (decision of types) [Type 1] general criteria, Setting fire to residential buildings, etc., setting fire, public structures, etc. (special sponsor] mitigation factors: Where actual damage is insignificant (in the area of recommendation and recommendation range), mitigation area, imprisonment with prison labor for one year and six months to three years;

3. The defendant, who has been sentenced to a sentence [public prosecutor's opinion] 3 years of imprisonment, was sentenced to a two-year grace period, and the defendant, who has been sentenced to a two-year grace period with his husband, rootsd the kitchen in the house, which he resides with his husband and damaged the wall, the body of the kitchen floor, the living room, etc.

Fire-prevention crime is an unexpected damage to another person's life and body property.

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