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(영문) 대전지방법원 서산지원 2020.05.06 2020고합16
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with C, son, E in the house located in B at the time of the truth-finding.

On March 14, 2020, the Defendant, at around 19:50 on March 14, 202, destroyed a unit of movable property (a total of 22,231,000 won) in the entire house and in the house by putting the inflammable width, which was kept in the new launch site, into a toilet, by putting the inflammable width, which was kept in the new launch site, on the ground that the Defendant was fluoring a usual alcoholic beverage, on the ground that the Defendant was fluoring a usual alcoholic beverage in the above house, and by setting the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor.

Accordingly, the defendant destroyed a building in which people exist by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 1, 7, 12 to 14 of the evidence list);

1. Article 164 (1) of the relevant Act concerning the facts constituting an offense, Article 164 of the multiple-choice Act, and the choice of limited imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

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

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for not less than one year and six months to three years (decision of type): Fire-fighting under the General Criteria (Type 1); fire-fighting, such as main buildings, etc.; fire-fighting (special ductator), fire-fighting, such as public structures, etc. (special ductator): Where punishment is not granted or considerable damage has been recovered (the area of recommendations and the scope of recommendations); imprisonment with labor for a year and six years to three years;

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution, the crime of this case was destroyed by a fire of the defendant's house living together with his family members, and thus, the damage to the property of the defendant's family members may not be caused by the crime of this case, but may be injured by his family members.

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