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(영문) 대구지방법원 2016.09.23 2015고합284
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 6, 2015, the Defendant, under the influence of alcohol from the Defendant’s room of multi-household housing owned by the victim D in Daegu-gu, Daegu-gu, about 00, when the pet dog, which was raised by E, could not be locked because of a large amount of strings that were caused by electricity charges, etc., from now before that, the Defendant was unable to bring about a lock. However, the Defendant laid down a string on the opening roof in the above house located in the above house. The Defendant’s portable gas burner used by the Defendant was put down on the fire of gas server under the above strings, attached it to the string of the strings and the wooden strings attached thereto, and continued to turn on the strings, strings, roofs, etc. of the above multi-household house.

As a result, the Defendant destroyed part of a multi-household house which is the market price owned by the victim E, etc. used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site reports on the results of meals;

1. Fire certificate personnel;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing photographs and site photographs;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the general standards for fire prevention (Setting fire to the main building, etc.) (the scope of the recommended punishment] shall be two years to five years (the basic area).

3. Determination of sentence: Imprisonment with prison labor for two years and suspended execution for three years; the crime of this case was committed in the house in which many people reside; thus, the defendant's liability for the crime may be less severe damage to human life and property;

However, there is no loss of human life due to early extinguishment of a fire, and property damage is not very significant, and the victim is the defendant.

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