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(영문) 의정부지방법원 2020.05.07 2020고합55
현존건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant had a mind that his mother refuses to give medical treatment to a hospital when her mother refuses to provide medical treatment in a state where her mother is not good in a health condition, and her mother was aware of her birth.

At around 09:50 on February 10, 2020, the Defendant purchased gasoline equivalent to KRW 10,00 from “gas station” located in Gyeonggi-si B, and moved to the place where “F cafeteria” operated by E located in D in the same city and “HS green golf” operated by G, and on February 10, 2020, around 09:58, the Defendant cut the gasoline purchased as above in front of the outer wall of the said “Hske golf building,” and then moved to the place where the “F cafeteria” operated by E in D in the same city, and then moved to the place where the “HS green golf is attached.”

Accordingly, the defendant destroyed the above structure by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Each police statement made to G and I;

1. CCTV images at the scene of crime;

1. Application of Acts and subordinate statutes to the suspect who has purchased gasoline, his/her photographic, field photograph, each seized material photograph, and the chemical appraisal report;

1. Grounds for sentencing under Article 166 (1) of the Criminal Act with respect to the relevant criminal facts;

1. Scope of punishment by law: Two to thirty years of imprisonment;

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

3. Determination of sentence: In the instant case where a restaurant and a screen golf course are located, the Defendant, for two years, destroyed a screen golf course by spraying gasoline and setting fire to a screen golf course after setting fire at amanmanium in the vicinity of the instant building where a restaurant and a screen golf course is located. Fire-fighting crimes using high combustible gasoline, which could cause human injury, was highly dangerous.

As a result of the instant crime, a screen golf course was set up.

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