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(영문) 서울서부지방법원 2020.11.04 2020고합186
일반건조물방화
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2020, at around 05:10 on June 2, 2020, the Defendant, at the Defendant’s house located in the Eunpyeong-gu Seoul Metropolitan Government building B building C, on the ground that it is difficult for the Defendant’s spouse to obtain divorce and due to home influence, such as demanding the Defendant’s spouse to live together, etc., and by stockpiling the gasoline that the Defendant prepared in advance by stopping and stockpiling it on the front floor of the kitchen c, and attaching a fire to the gasoline, and attaching a fire to the gasoline by stopping on the gas crash on the front floor of the kitchen c, and attaching a fire to the settling lease at the lower left part of the present crash.

Accordingly, the defendant destroyed part of the house owned by the defendant who is the object of the D's accident insurance, which is the object of the D's life insurance.

Summary of Evidence

1. Application of a report, on-site photograph, gene assessment report, legal chemical appraisal report, comprehensive report on fire occurrence, register of real estate register, and insurance policy-related Acts and subordinate statutes to the defendant's legal statement, on-site identification;

1. Articles 166 (1) and 176 of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the general criteria [Type 2] and there is no person who has a fire prevention (special person], such as general buildings, etc. (the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with labor for a year and six months to three years.

3. The crime of this case where the defendant, who is the object of another person's right located in a densely-populated area, has spread inflammable substances or setting fire to his house which is the object of the other person's right, and there is no need to punish the crime corresponding thereto.

However, the above house was living together with the defendant, and even before the fire is spread rapidly.

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