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(영문) 수원지방법원 2013.12.10 2013고합738
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On August 27, 2003, the Defendant was released on November 30, 2009, and the remaining term of imprisonment was expired on September 18, 201, when he was sentenced to imprisonment for the principal building and fire homicide at Seoul High Court on November 27, 2003.

【Criminal Facts】

At around 01:00 on December 26, 2012, the Defendant: (a) was in possession of 307 E Innives, E Innives administered by D in Suwon-si C, Suwon-si; (b) attached a fire to the right side and the lower side of the bed, respectively, and made it possible for the Defendant to spread to the entire 307th unit via a bit lease and wall.

As a result, the Defendant destroyed the above female building, which is the F-owned by D and customers, used as a residence, to be 1,000,000 won as repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the results of fire fighting in the case of a fire;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes on criminal records, references to criminal records, and the number and confinement status of each individual;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Reasons for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences: Imprisonment with prison labor for up to 50 years; and

2. Reduction elements of the sentencing criteria [Determination of types] general criteria for fire prevention, fire prevention such as suspender buildings, etc., fire prevention of public structures, etc. (special sentencing persons): In the event that punishment is not granted or considerable damage has been recovered, increased factors: Imprisonment with prison labor for a basic area of the same repeated crime [Determination of the recommended area] [the scope of recommendation punishment] or five years.

3. The crime of this case by the sentence of sentence is committed by using a dog in which the defendant was accommodated in a female room with a fire attached to the bed and thus, the crime of fire-prevention may cause serious social risks to the victims' lives, bodies, and property as a large fire, and thus, the defendant might sleep in a female house around 2003.

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