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(영문) 대구지방법원 2018.11.23 2018고합469
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special intimidation at the Daegu District Court on February 9, 2017, and the said judgment became final and conclusive on the 17th of the same month, and is currently under suspended sentence.

[2] On September 25, 2018, at around 01:00, the Defendant: (a) took a dispute with the victim C, who is the mother of the Defendant located in the Cheongdo-gun, Cheongdo-gun; (b) was under the influence of alcohol and destroyed his/her house in the same residence; and (c) returned the victim to his/her own residence in Daegu Dong-gu E, Daegu; and (d) the victim was urged by the Defendant who was the mother of the Defendant who was the mother of the Defendant located in the place where he/she was living.

Since then, the Defendant met with the above Cheongdo-gun B, and returned to the victim's residence on the same day at around 03:00 on the same day, and reported that there was no family member and her family member, and raised the fire in the above residence.

그리하여 피고 인은 위 주거지 주방에 있는 가스레인지에 불을 켠 다음 이불을 그 위에 올려놓아 이불에 불을 붙여 그 불길이 벽면, 천장을 거쳐 목조 슬레이트 지붕 1 층 가옥 연면적 75㎡ 전체에 번지게 하였다.

Accordingly, the defendant destroyed the victim's house of 13,174,00 won at the market price owned by the victim who is used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F, G, and C;

1. A H statement;

1. A report on the occurrence of a fire;

1. Application of Acts and subordinate statutes to investigation reports (attached a report on fire, such as fire scene photographs, etc., a copy of the 112 report on the handling of reported cases (fire report), facsimile report on fire, rescue and emergency situation, and a copy of a written request for medical treatment);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a year and six months to fifteen years;

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