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(영문) 대전지방법원 천안지원 2013.11.27 2013고합212
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than two years 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

The Defendant was living together with the victim C and Asan City D Apartment 103 Dong 507.

On July 5, 2013, at around 16:19, the Defendant asserted with the victim who frightened with the above D Apartment 103 507, the Defendant, while drunkly drinking, attached the head of the Defendant, and frightened the Defendant’s head, and frighted in the clothes possessed in a small room in the instant 507.

Accordingly, the defendant destroyed the victim C to make the repair cost of the amount not known to the above 507th 507, which is used as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Each entry in investigation report (in relation to hearing statements, etc. of the first victim), investigation report (in relation to the apartment monitoring camera analysis), investigation report (in relation to the apartment management office, relative investigation of persons concerned);

1. Each image of each photograph;

1. On-site inspection reports, on-site inspection results of fire accidents, the application of the statutes of response to requests for appraisal;

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

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 made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

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

2. Type 1 (Determination of the recommended sphere), the basic area of punishment (Setting of the recommended sphere), two years to five years, and the term of imprisonment.

3. Determination of sentence: Imprisonment for a period of two years and six months, and for a period of three years of suspension of execution, the defendant, by burning inside the apartment that the victim and many residents live, caused damage to the front part of the apartment room in which the victim resides, and up to the space where neighbors live.

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