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(영문) 인천지방법원 2021.03.25 2021고합59
현존건조물방화
Text

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

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2020, the Defendant, while serving in the delivery agency in the Seo-gu Incheon, Seo-gu, Incheon, and the 1st floor C of the building, was subject to the disposition of withdrawal, and the Defendant was dissatisfied therewith.

On January 12, 2021, around 02:28, the Defendant purchased 1.5 liter water from the convenience store in Seo-gu Incheon, Incheon, and purchased gasoline in the nearby gas station, and stored the disease disease in the above water station at around 02:39 on the same day. However, at around 02:39 on the same day, five persons, such as D, employees E, etc., were in office at the office, and there is a risk of being aware of the occurrence of crime. At around 02:51 on the same day, the Defendant, with the entrance of the 1st floor G restaurant of the above building, which is separated from the above office and the walls A, attached the said gasoline to the mix, floor, side wall, and internal string of the mix.

Accordingly, the defendant destroyed the existing building by E, etc.

Summary of Evidence

1. Each police statement made by the defendant in relation to the defendant's legal statement H and E (PP No. 1 and twice);

1. A report on the results of field identification, on-site identification photographs, a request for an appraisal on the analysis of ingredients, and a comprehensive report on fire occurrence;

1. Application of Acts and subordinate statutes to each investigation report (a suspect A's method of committing crimes, investigation into gasoline purchasing places, etc., and a person who has existed at the time of arsoning the suspect);

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] [the scope of the recommended punishment [the type 1] The general criteria [the main building] fire prevention, such as the main building, the public structure, etc. [the special sentencing factors] mitigation factors: If punishment is not granted or considerable damage is recovered, the aggravated factors shall be the motive for the crime to be criticized.

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