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(영문) 대전지방법원 서산지원 2015.12.17 2015고합82
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 September 27, 2015, the Defendant: (a) around 21:20 on September 27, 2015, at the Defendant’s house located in Sinjin-si, performed her son D and alcohol, and divided conversations as a matter of divorce, and the Defendant, the spouse, in the usual room, led to deepening the dissatisfactions that had been on the part of the Defendant, E, with the Defendant, left the house in which they live together; (b) in the room, the Defendant, “Is the dead. Is the dead.. Is the dead............................, the Defendant: (a) stored timber and fire-free trees in the room; and (c) moved them to the fire fighter, attached them to the end of the day, and then, (d) moved it to the entire building of

Accordingly, the Defendant destroyed the house of approximately KRW 16,386,00 of the market price of the F owned by E and himself used as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Police seizure records;

1. A fire site survey report;

1. Application of Acts and subordinate statutes concerning reports on occurrence, seized articles, photographs of seized articles, field map, and field identification photographs;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations on the sentencing criteria [decision of types] the general criteria for the category 1 (Setting Fire to Present Living Building, etc.), the area of mitigation of punishment (the scope of recommending area and recommendation range), the area of mitigation of punishment (the scope of recommending area and recommendation range), one year and six months to three years; and

3. Major positive factors as to whether to suspend the execution: The reason why the suspension of the execution is made clearly, and there is no criminal record of a suspended execution or more, among others.

4. The crime of this case by which the defendant has decided to be sentenced shall be ordinary as a matter of divorce of his father and wife.

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