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(영문) 부산지방법원 2016.02.17 2015고합638
현주건조물방화
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant: (a) around 04:50 on October 22, 2015, at around 04:50, posted a fire on the signboard of a building made of plastics attached to the wall side of the above elevator using a one-time log in front of the one-story elevator of the first floor, “Seoul Building” to have it spread to the wall and floor of the above building in a non-breadth.

At the time, there were 20 people, such as D, in the above building, are currently being used as a residence.

Accordingly, the defendant destroyed the structure that the above D et al. present.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on internal investigation, each investigation report (the list Nos. 4, 9, 10 of evidence);

1. Image materials of the victim, and fire site photographs;

1. Application of the Acts and subordinate statutes of one disposable (No. 1) to which a seizure is made;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

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. Article 62-2 (1) of the Criminal Act on the observation of protection and order to attend lectures;

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

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

2. Scope of the recommended punishment [Determination of the type] Fire-Fighting Act, general standards, type 1 (Setting fire-fighting including the main building, etc., and setting fire to the public structures, etc.) - Where actual damage is minor: where punishment is not imposed or considerable damage has been restored to [where general sentencing person] - The serious half [Scope of the recommended punishment] from September to three years (the scope of the recommended punishment amended by the lower limit of the applicable sentence in law] imprisonment with prison labor for one year and six months to three years;

3. Whether to suspend the execution (major reasons): - Where the actual injury is insignificant, where the penalty is not imposed or the considerable damage is recovered [general reasons] - positive: contingent crimes, serious radius.

4. Determination of sentence: Imprisonment with prison labor for one and half years; and

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