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(영문) 수원지방법원여주지원 2020.09.10 2020고합63
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has lived with C, a de facto spouse, in a house located in B (a house with approximately 20 square meters of cement block and slate roof structure) in a female city from around nine years ago.

The Defendant was dissatisfied with the Defendant’s complaint that C had expressed a desire to scam and had scam scam. Around July 22, 2020, at the same time C had scam in the above dwelling area, and C had scamd with his desire to scam and had scam scam, and the Defendant continued scam in the dwelling space, and the Defendant had scam scam in the dwelling space.

Since then, at around 20:05 on the same day, the Defendant entered the said residence, and had a dispute with C prior to entering the said residence, which was covered by the cremation room in his hand, and was set up on the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part.

As a result, the defendant set fire to set fire the above house owned by people, which is approximately KRW 30,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to on-site photographs and reports on the outcomes of fire identification;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types) [the scope of recommended sentences] shall be subject to the general criteria for fire-fighting crimes: Fire-fighting, such as suspender buildings, etc., fire-fighting, public structures, etc. (special sentencing) mitigated elements: In the area of mitigated punishment [the area of recommending and the scope of recommended sentences] mitigated areas, imprisonment with labor for a year and six months to three years;

3. Determination of sentence: The age, character and conduct, environment, motive, means and consequence of the commission of the offence in the following circumstances for one year and six months of imprisonment, and three years of suspended sentence;

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