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(영문) 서울남부지방법원 2018.09.20 2018고합111
현주건조물방화등
Text

A defendant shall be punished by imprisonment for five years.

The two golf bonds seized (Evidence No. 1), one insignia distribution (Evidence No. 3), one insignia distribution (Evidence No. 3).

Reasons

B. From 3 years to 45 years

2. Scope of recommended punishments for the sentencing criteria: Imprisonment for not less than four years.

(a) A crime under subparagraph 1 (Crimes of Setting Fire to Presenter Buildings 193, 2018, 193) [the scope of punishment] general standards and where a crime is committed repeatedly for a considerable period of time in the area of aggravation (4 to 7 years).

(b) Crimes No. 2 (Crimes of Setting Fire to the Present Building, 111), the basic area (two to five years) (person with a special mitigation) of Category 1 (Setting Fire to the Present Building, etc., and Fire to the Public Structures, etc.): Where a penalty is not imposed or damage equivalent to a part has been recovered (special aggravation) for a considerable period of time: Where a crime has been committed repeatedly over a considerable period of time;

(c) Type 3 (Setting Fire to General Motor Vehicles) (Scope of Punishment): In the basic area (one year and six months to three years): in the event that punishment is not imposed or damage to a considerable part is recovered [Special Aggravation]: in the event that repeated crimes are committed during a considerable period of time, * in the event that 3 or more multiple crimes are committed repeatedly during a considerable period of time 1/2 of the upper limit of the sentencing range of the crimes with the highest maximum of the sentencing range among other crimes; second 1/3 of the upper limit of the sentencing range of the crimes with the highest maximum of the sentencing range among other crimes; the final sentencing range following the aggravated punishment of multiple crimes * The maximum sentencing range of the crimes resulting from the aggravated punishment of multiple crimes 4 years or more (the current main building fire prevention crime, special property damage crime, general motor vehicle fire prevention crime, general vehicle fire prevention crime, obstruction in the execution of public duties, obstruction in the execution of public duties, threat to property damage, violation of the former part of the Criminal Act 1/3 or more of the sentencing criteria established.

3. Determination of sentence: The age, sex, career, family relationship, environment, motive, means and result of the crime of the defendant in favor of or under unfavorable circumstances for the same defendant for five years following imprisonment;

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