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(영문) 광주지방법원 2019.05.17 2019고합53
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 November 22, 2018, at around 06:50, the Defendant: (a) destroyed the entire room of “Public Notice Host E” in the “D Public Notice Host E,” which is owned by the victim C in the North-gu Seoul Metropolitan City, North-gu, Gwangju Metropolitan City, by 0:50, the Defendant: (b) had the horse listened from F, who is inter-person F; (c) had the horse listened to the horses; and (d) attached a fire to the gas column, and (d) had it spread to the wall and the floor of the non-breadth;

Accordingly, the Defendant destroyed the building owned by the victim to be used as a residence by setting fire to approximately KRW 12,250,000 for repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes on site identification reports, reports on results of expert appraisal requests, reports on site photographs, detailed reports on the processing of 112 reported cases, legal safety appraisal reports, situation reports, lease agreements or statutes;

1. Article 164 (1) of the Criminal Act applicable to the crimes and Article 164 (1) of the Election of Imprisonment or Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of recommended sphere and the range of recommended punishment], and one year and six months to three years in imprisonment, where fire prevention factors are reduced [the category 1], such as main buildings, fire prevention of suspend buildings, etc., fire prevention of public structures, etc. (the special person): In cases where punishment is not granted or considerable damage has been recovered (the area of recommendation and the scope of recommended punishment];

3. The Defendant, who has rendered a sentence, was unable to file a complaint with a public notice board in which many people reside without reasonable reason, under the influence of alcohol.

The defendant's crime has caused serious damage to the property owned by the victim, and may cause serious damage to the life and body of many people.

The Defendant has resided several times prior to the instant case.

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