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(영문) 춘천지방법원 강릉지원 2020.02.06 2019고합21
일반건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized one (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 15:20 on January 14, 2019, the Defendant, at D’s vinyl C located in Gangseo-si operated by B, destroyed the gasoline 20 liters stored in the front plastic box (20 liters) in the vinyl house without any reason, under the influence of alcohol, by spreading them to the vinyl house, and attaching them to the vinyl house the total market value of which is approximately KRW 138,000,000,000,000 in total, by putting them into a portable resort, and by setting fire to a vinyl house (30,000,000,000,000,000,000,000 won.

Accordingly, the defendant set fire to the general structure by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. The results of fire-fighting and the legal chemical appraisal report;

1. Written estimate;

1. Application of each statute on photographs;

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

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing criteria [decision of types] the general criteria [Type 2] there is no person who has a fire prevention (special person], such as general buildings, etc. (the scope of recommendations and recommendations]. The basic area of recommendations and recommendations, imprisonment with labor for a year and six months to three years.

3. A favorable circumstance is recognized for the defendant, such as the fact that the defendant's decision-making of the sentence leads to the occurrence of a crime and reflects the wrongness, the defendant shows symptoms of usual depression, and the defendant appears to have committed the fire-fighting crime of this case in a serious and dynamic psychological state of drinking alcohol at the time of the instant case.

On the other hand, the defendant had committed a fire-fighting crime that spreads gasoline to the greenhouse houses in which employees live in the office and use in storage for the purpose of the office and warehouse. In light of the motive and method of the crime, the crime is inferior, the property rights of others are infringed, and the safety of the public is dangerous.

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