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(영문) 광주지방법원 순천지원 2018.05.17 2018고합37
일반건조물방화등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 23, 2017, the Defendant: (a) around 03:30 on the cement block structure managed by the victim D located in Yong-gun, Yong-gun; (b) the victim, who was defective by the Defendant, was in mind of having the victim use the said building for the purpose of storage on the ground that he congested with other males; (c) opened an entrance without correction, and opened the entrance, and entered the entrance, and then kept with the string lease, by attaching fire to the string lease, which was kept together with the string lease, and then setting fire to the floor and the wall of the building managed by the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the results of on-site identification and a comprehensive report on fire occurrence;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Relevant Article 166 of the Criminal Act and Article 166 of the Criminal Act (1) (the occupation of general buildings and fire prevention) and Article 319 (1) (the occupation of intrusion on buildings and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of two crimes prescribed for the crime of arson of a general structure with heavy punishment);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for a period from one year to six years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes: Class 2 (Setting a type) (Setting fire to general buildings, etc.) (Special Sentencing) (Persons subject to Imposition of Punishment), who is not subject to mitigated punishment (the scope of recommended punishment), the area of mitigated punishment, one year to be sentenced; and two years of imprisonment;

B. The range of recommended punishment according to the standards for handling multiple crimes is set by the range of recommended punishment and the crime of fire prevention of general buildings and the upper part of Article 37 of the Criminal Act.

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