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(영문) 대전지방법원 2018.08.09 2018고합242
현주건조물방화
Text

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

Reasons

Punishment of the crime

The defendant was a person who was living together with No. 102 of Sejong C Borrowing Co., Ltd., and had a strong objection against his disregarding it.

On May 29, 2018, the Defendant: (a) around 21:15, the Defendant: (b) informed that D would not want to live together with D; (c) informed D that D would not want to remove all of the above lendings; (d) was on the books of the ward; and (e) attached the tear to the bar of gas gas, and attached the tear to the bar of the tear gas, and was on the part of the storm, which was on the part of the storm, and then moved to the storm, and caused it to spread to the entire Bae.

As a result, the Defendant destroyed the structure that the Defendant and D jointly use as a residence by setting fire to approximately KRW 33 million for repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to each on-site investigation report, such as the degree of damage caused by fire prevention and additional review of economic support;

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. Grounds for sentencing under Articles 53 and 55(1)3 ( considered favorable circumstances among the following grounds for sentencing) of the Criminal Act to mitigate small amount;

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

2. Reduction area (one year to six years), reduction area (one year and six months to three years), reduction area (one year and six years), reduction area (one year and six years, and fire prevention of public structures, etc.) within the scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general standards;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, the defendant has livedd with the defendant and his wife by attaching a fire to a multi-household house in which eight households live on the grounds of incombustibility with his wife.

In addition, if the fire had not been fighting early, it would be enormous damage to the lives, bodies, property, etc. of neighbors who had not been extinguishing early.

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