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(영문) 서울남부지방법원 2014.03.28 2013고합554
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 18, 2013, at around 23:30, the Defendant: (a) destroyed a part of the living room by putting the clothes, etc. on the floor of the living room while drunkly under the influence of alcohol by emphasizing his wife infected with Ests during about five years prior to the Defendant’s dwelling in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) putting the clothes, etc. on the floor of the living room; and (c) putting them onto the living room by attaching fire to the said clothes and attaching them to the dwelling room.

Accordingly, the defendant set fire to a building used as a residence by the mother of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the Nos. 3 and 12 of the evidence list) and reports on the results of field inspection;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to crimes tools photographs (Evidence Nos. 4), and on-site photographs (Evidence List Nos. 5, 6);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

4. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (decision of types) the general standards for fire prevention crime group, such as main buildings, etc. (type 1): Where actual damage is insignificant (the scope of recommendations): one year and six months from six months to three years (the area of mitigation) (the area of mitigation): The main reason for suspension of execution of execution of execution of execution of execution of execution of punishment where positive damage is minor: negative reasons for general participation - positive and contingent crimes for drug addiction or alcohol addiction - there is no criminal conviction or more than suspended execution of execution of execution of execution of execution of sentence.

3. The crime of this case committed during one year and six months of imprisonment with prison labor, three years of suspended sentence, three years of probation, and 80 hours of an order to attend a lecture (the alcohol therapy) shall be safe and peace of the public.

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