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(영문) 부산지방법원 서부지원 2018.07.26 2018고합109
현존건조물방화
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, including the defendant in Busan Northern-gu D, is living with E living in the second floor of multi-household household with a total of seven persons residing.

On January 18, 2018, the Defendant was unable to return home because he was inside or outside of his residence at around 00:40.

E was in possession for the reason that he does not refuse to live in the telecom and confirming that he is in the telecom.

One time of use of a string with fire attached to the string and a part of the string and the string.

Accordingly, the defendant set fire to and damaged the existing structure of C and his family members.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site verification and investigation;

1. Application of statutes on field photographs;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the general criteria for fire prevention [the scope of the recommended punishment] class 1 (the prevention of fire, such as the main building, etc., and public structures, etc.) [the person subject to special sentencing] mitigated elements: In the event that punishment is not imposed or considerable damage has been restored to a certain part [the area of recommendation, the scope of the recommended punishment] mitigated range, one year and six months to three years in imprisonment.

3. The crime of this case, which was determined to be sentenced, was destroyed by setting fire to a multi-household house in which many people live, and the criminal liability is heavy in that there was a risk of causing more serious damage to the life and property of the people who live more frequently.

However, the defendant shows his attitude to recognize and reflect all of the crimes of this case.

The defendant seems to be infinitely leading to the crime of this case in a contingent manner due to the extinguishment of the remaining living together with others.

another. .....

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