logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2015.05.15 2014고합407
현주건조물방화
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 05, 2014, around 02:30, the Defendant: (a) carried out D and D’s fighting with the Defendant’s house located in Silst City C and B02; (b) reported D’s family photographs, liquids, etc., which were located in the dwelling space, on the floor; and (c) made D’s strings, f’s photograph and liquids, etc., which were dissated on the floor; and (d) made D’s strings up to the floor of the dwelling space, the strings, and the wall.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Defendant's legal statement;

2. Examination protocol of police suspect regarding D;

3. Each police statement of E and F;

4. Application of each statute of photography;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

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

(a) Determination of types: Fire-Fighting Crime Group - General Criteria - Type 1 (Setting fire to Present Living Building, etc.);

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment with prison labor for a year and six months to three years ( mitigated areas);

3. Criteria for suspension of execution;

(a) Major reasons for participation: Members not subject to punishment;

(b) Reasons for general participation: There is no contingent crime, serious reflector, or criminal records of suspension of execution or more (affirmative).

4. In this case, the decision of sentence shall be made by the defendant at the home in which he/she, his/her wife, and his/her dependants reside together, and the nature and circumstances of the crime are not good.

It seems that E, which was living in the neighbor's house, found the fact that there was a gap in the front door from the defendant's house, and immediately did not report 119, it seems that there was a risk of property damage and human life damage that would have been more likely to occur.

In light of these points, the accused's responsibility for the crime.

arrow