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(영문) 창원지방법원 밀양지원 2013.11.08 2013고합46
일반건조물방화
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant has leased the detached house in C from the victim D to reside in the above house at the time of smuggling.

On September 20, 2013, at around 18:55, the Defendant: (a) heard the words “E”, while under the influence of alcohol, calls from E who think of it as usual ushel’s ancillary, but not calls; and (b) made it possible for the Defendant to wear the entire clothes received from the above E, by using a throwter, and set fire to two clothes remaining in a small room of the said house, which are contaminated with the clothes located in the said house, and then moved the said house into the said house through a ceiling and wall, thereby extinguishing the said house in an amount of KRW 15,200,000; and (c) destroyed the said house to repair the Glearning car owned by the victim F, which was set up immediately before the said house.

Accordingly, the Defendant destroyed the general buildings and vehicles equivalent to 15,369,000 won in total in the market price by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made with respect to H, F, and D;

1. Reports on the results of each investigation and field inspection;

1. Application of each written estimate statutes;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Reasons for sentencing [the scope of applicable sentencing guidelines] under Article 62(1) of the Criminal Act (refluence in favor of the reasons for sentencing as follows] 1 year - year - year 15 (Application of sentencing guidelines): Imprisonment with prison labor for the crime against fire: one year and six months - three years (basic area) - the crime of this case is destroyed by a fire by all of the residential premises and vehicles in neighboring areas where the defendant was living, and the damage is large and its quality is bad; the act of fire of this case is a serious serious crime detrimental to public safety and peace; the act of fire of this case is not agreed with the owner of destroyed housing.

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