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(영문) 의정부지방법원 고양지원 2014.04.18 2014고합9
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who serves as the head of the management office in Han-style Office in the name of "E" in the operation of D in Pakistan-si.

From around 23:00 to 24:00 on December 9, 2013 to around 24:00, the Defendant: (a) caused 20 literss, which were in custody in the management office of the above hanok, to share one copy; (b) and (c) caused gas to spread out the oil to the living room of the above hanok and the kitchen floor; and (d) caused the Defendant to fire with a gaster on a scale of about 60 square meters, which was in possession of the oil; and (b) caused the Defendant’s fire to spread the total inside of the above structure of the Korean-style house, which is a building used by people as residence, to share KRW 357,338,030 at repair cost.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Estimates for damage to E pension fences;

1. Application of fire scene photographs, fire site photographs and Acts and subordinate statutes;

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

2. Aggravation of a double punishment under Articles 53 and 55(1)3 of the Discretionary Mitigation and Mitigation Criminal Act (hereinafter referred to as the following grounds for sentencing), which are favorable to the accused.

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

2. Reduction elements of types 1 (Setting Fire to Present Living Building, etc.) and reduction factors of punishment according to the sentencing guidelines: Imprisonment with prison labor for 1 year and 6 months to 3 years; and

3. Determination of sentence: Imprisonment with prison labor for two years is the time of and against the Defendant’s committing the instant crime; in particular, the Defendant voluntarily surrendered after the instant crime; the Defendant appears to have performed drinking in a state where it is not good for the Defendant to do so on the ground of cruel from D, the owner of the Han-style pentle, and rather contingently, it appears that the instant crime was committed; even if it did not occur until human life damage was caused by the instant crime; and the repair of Han-style pent has been completed.

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