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(영문) 대구지방법원 경주지원 2017.11.03 2017고합54
현존건조물방화
Text

A defendant shall be punished by imprisonment for three years.

The total number of seized articles Nos. 1 (1) and 2(2) per annum (2).

Reasons

Punishment of the crime

On September 1, 2017, the Defendant: (a) around 20:0 on September 20, 2017, while drinking mixed alcohol at the Defendant’s residence located in the 106 dong 1112, the Defendant purchased frequently in the “E” in the victim D’s “E” in the vicinity of the normal urology, and (b) purchased frequently in the same manner as other marina.

The Defendant purchased gasoline 2 liter and 1 dries in neighboring gas stations and pharmacies, added gasoline to empty bottles, and made two “chloat disease” by placing the sloping at the entrance of the sloping, and added it to the victim F (V, 55 years of age) who was employed in work at the said stations and pharmacies, and added it to the display place, etc., attached to one knife with a knife attached to the said knife, and attached to the knife subsequent to the said knife, and continuously added to one knife disease, added it to the other flife, which was put at the center of the said flife, and added to tobacco, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigative reports (Attachment of seized photographs), investigative reports (Attachment of CCTVs) (Attachment to the above image USB), investigative reports (Attachment to the above image USB), investigation reports (information on the situation of the dispatch of the lawsuit and the amount damaged by the fire station), reports on the results of field identification and response to requests made by the National Scientific Investigation Institute for appraisal;

1. Seizure records;

1. Application of the Acts and subordinate statutes on the scene of crime, photographs of seized articles;

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 Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] general standards and basic area (the term of imprisonment is two years to five years) of the type 1 (the setting of fire, such as the main building, and the prevention of public structures, etc.).

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