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(영문) 대구지방법원 2013.12.06 2013고합510
현주건조물방화
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

On October 20, 2013, at around 02:05, the Defendant, at the victim D's house located in Jung-gu Daegu-gu, Daegu-gu, as well as the victim and the person living together with E, drinking alcohol together with the victim and E, was called the victim and E, and entered as a measure, attached a bitter, which was carried on on the floor of the living room, and had him flown on the floor of the non-breadth living room.

As a result, the defendant set fire to the living room of the house used by the victim and E as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. On-site reports on results of field identification;

1. Application of Acts and subordinate statutes to report internal investigation (attaching photographs of seized articles and attaching field photographs);

1. Article 164 (1) of the Criminal Act applicable to the crimes;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of the recommended sentence according to the sentencing criteria [decision of type] general criteria for fire prevention, such as main buildings, fire prevention (special spons person] such as suspending buildings, etc. - Fire prevention (special spons person): Reduction elements: Imprisonment with prison labor for a year and six months from six months to three years [the scope of the recommended sentence] mitigation elements - In a case where there is a risk of causing serious damage to many victims or large scale of damage (whether to suspend execution of sentence] - Main reasons for a failure of punishment - In a case where there is a risk of causing negative damage to a large number of victims or large scale of damage: positive reasons for general participation: In a case where there is a risk of causing a large number of victims or large scale of damage: a positive reflective reason for general participation.

3. Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and

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