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(영문) 수원지방법원 2014.02.18 2013고합890
현주건조물방화등
Text

A defendant shall be punished by imprisonment for two years.

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

1. On November 23, 2013, the Defendant: (a) entered a store (101) side of the multi-household housing in Suwon-si, Suwon-si, Suwon-si, in a multi-household housing located in Suwon-si C, into a 101 unit of a 101 unit of a multi-household housing in which the victim D and E reside; (b) attached a string house with a string with a string container, a string roof, etc. in the warehouse; and (c) moved the window and a string roof, etc. in the string to the window,

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

2. On November 25, 2013, the Defendant attempted to commit an attempted fire-fighting of the instant structure by setting fire to a multi-household housing unit B03, where the victim G located in Suwon-si F, Suwon-si, which was located in the area F, with a portable throwter attached to the waste b03 above at the same place, but did so to the fire officers dispatched after receiving the report, and attempted to commit an attempted fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on H, G, I, and D;

1. A report on the results of field identification;

1. Photographs, suspect photograph, and on-site photograph;

1. Application of Acts and subordinate statutes to each investigation report (CCTV analysis, J stud CCTV analysis and quotation);

1. Relevant provisions of the Criminal Act, Article 164 (1) of the Criminal Act (the point of fire prevention), Articles 174 and 164 (1) of the Criminal Act (the point of attempted fire prevention) concerning criminal facts, the choice of imprisonment for a limited term;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months from June to June 22 months; and

2. Application of sentencing standards

(a) To prevent the fire (special-sponsor) such as the main building and structure, etc. (special-sponsor): Imprisonment with prison labor for a year and six months to three years; the main building and fire prevention district; the general standard for fire prevention crimes; the main building and structure; and the mitigation district of punishment (the determination of the recommended district); and

B. As the sentencing standard is not set for the handling of multiple crimes, the lower limit of the recommended punishment for the crime of fire-prevention against the present structure shall govern.

3...

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