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(영문) 수원지방법원 안산지원 2015.10.16 2015고합169
현주건조물방화
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 18:41 on March 10, 2015, the Defendant: (a) laid off a pen, paper boxes, etc. from the dwelling space of the house where the Defendant and his family members live in Heunging City, without any particular reason, to the floor of the house in which he resides; (b) laid off the string of the string and paper boxes, etc.; and (c) laid off the string of the string and the string of the floor, etc. with the string of the string.

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

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement made to D and E;

3. A statement of the F;

4. Written estimate of construction.

5. Application of each statute of photograph;

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 Act on Probation and Order to Attend.

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Scope of the recommended sentencing criteria; and

(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) Possitive factors: Messitive factors of contingency crimes (2) where a large number of victims are likely to be generated or large-scale damage is likely to be caused, drug addiction or alcohol addiction.

4. In this case, the decision of sentence is that the defendant, together with his spouse in de facto marital marriage and his children, fire prevention was made to the households of multi-household dwelling in which the defendant resides, and the nature and circumstances of the crime are not good.

If D residing in the neighboring household of the above apartment house as the owner of the building in contact with the residents of the above apartment house did not take fighting measures because he was found in the office of the defendant, as well as the office of the defendant.

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