Text
A defendant shall be punished by imprisonment for two years.
Attached tobacco 2 A and Rayi (No. 1) shall be confiscated, respectively.
Reasons
Punishment of the crime
around 08:00 on February 13, 2016, at the residence of the defendant's mother in Songpa-gu Seoul, Songpa-gu C and 101, the defendant was designated to have his age changed from D to her age changed, and she is so designated.
“Along with the words, etc., the Defendant destroyed a structure used as D and residence by setting fire, by setting a incombustible tobacco, which was fluened in the car log in one’s mouth, which had been sculed, and put it out to the entire house of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Each police statement made to D or E;
1. Body photographs of the victim, and site photographs of the case;
1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;
1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;
2. Scope of recommended punishments on the sentencing criteria: Imprisonment with prison labor for not less than one year and not more than six months, but not more than three years (type determination) (Setting fire to the main building, etc.). Type 1 (Setting Fire to the main building, etc.) [Special Sentencing Person] Reduction element: Non-exclusive reduction area of punishment (decision on the area of recommendation).
3. Determination of sentence: The crime of this case with imprisonment for two years is one of the most serious crimes that the Defendant, while under the influence of alcohol, laid a cigarette above the plant in the plant and transferred a structure that the Defendant and his parents use as a residence, on the ground that the Defendant was able to listen to her tending from her mother under the influence of alcohol.
The Defendant’s parent appears to have suffered significant economic damage and mental suffering due to the instant crime, and the mother’s report was made by the fire station promptly and the serious human life damage did not occur. However, the said structure is part of the apartment house composed of several households, so serious human life damage and economic damage may occur.