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(영문) 수원지방법원 안양지원 2020.03.13 2019고합187
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 is living together with D in Ansan-gu B buildings and de facto marriage persons in de facto marriage in accordance with subparagraph C of the same Article.

At around 00:00 on December 7, 2019, the Defendant: (a) placed DNA while disputing D on the ground that the Defendant had drinking and delayed drinking, and (b) moved D to the floor of the non-breadth and the ceiling, etc., by attaching it to the clothes attached to a motor vehicle in his possession, which is located inside the line.

As a result, the defendant set fire to and burns the E-owned structure used by 3 households such as E and family members as residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and D;

1. Application of statutes governing reports on results of field identification;

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 under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of recommendations [Article 1] the general criteria [Article 1] There is no person who has a basic area (the area of recommendations and the scope of recommendations], basic area (the area of recommendations and the scope of recommendations], and the prevention of fire, such as main buildings, buildings, etc., public structures, etc.; two to five years.

3. Determination of sentence: Imprisonment with prison labor and a half years disadvantageous to a person: The crime of this case is committed in the middle of the house used as a residence by three households in the middle of the year and six months, and the nature of the crime is not good;

The Defendant left the scene without taking any measure against the Defendant.

Property damage equivalent to KRW 1,4290,000 has occurred, and the risk of life, body, etc. of residents has become more important.

Although there is no criminal record of the same kind, there is a history of criminal punishment, including punishment.

A favorable circumstance: The defendant seems to have committed the crime of this case by dispute over his spouse.

Downly, the fire has been extinguishmented in the defendant's residence, and human life has been damaged.

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