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(영문) 서울남부지방법원 2016.05.26 2016고합4
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

The defendant is not in contact with the victim F who completed the singing room business in the middle of the victim F who operated the "Esing" on the first floor of the building located in Gangseo-gu Seoul Metropolitan Government D.

The Defendant operated a singing room on the first underground floor by the victim F, and 4 family members of the victim G were living on the third floor above the ground.

On December 24, 2015, at around 01:15, the Defendant entered a singing room using a key at a place where the arm’s singing door door is kept, and attached a single to a singing room one time in a singing room, and had it spread to the wall via a single.

Then, the Defendant attached a fire in three sings by the aforesaid methods, and had it spread to the wall through a single.

As a result, the market price was 4,540,000 won, and the postponement was up to three floors above the ground where the victim G's family member was locked.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F (31 pages of investigation records);

1. Report on the results of field meals, on-site photographs, and a fire site survey report;

1. Application of Acts and subordinate statutes to internal investigation reports (CCTV image analysis) (to observe the Esing situation at the time of occurrence), to observe the situation (CCTV), to cover images (82 pages of investigation records), and to report internal investigation (to observe the scene of occurrence and surrounding conditions at the time of occurrence (CCTV analysis).

1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act concerning facts constituting an offense (opportune of imprisonment with prison labor);

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2011)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (resumed circumstances favorable to the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Application of the sentencing criteria [types].

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