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(영문) 인천지방법원 부천지원 2017.04.21 2017고합29
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On January 10, 2017, at around 00:50, the Defendant: (a) transferred to the inside of the house of a woman-friendly Gu D, which is located under the C-Si, Seocheon-si, Seocheon-si; (b) transferred to the whole inside of the building, which was loaded with D and male issues; and (c) attached a fire to D’s one-book, which was possessed by the chemical, and transferred to the whole inside of the building, which is attached to D’s clothes

Accordingly, the defendant set fire to set fire and destroyed a logbook, which is a general object, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. The application of Acts and subordinate statutes to photographs (suspects, on-site situations, crime tools, investigation reports, investigation reports (additional victim verification), photographs, investigation reports (field identifications, fire investigation results, fire stations), photographs, and fire site investigations reports; and the application of Acts and subordinate statutes to fire site investigations;

1. Article 167 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on the observation of protection and attendance order;

1. Six months to five years of imprisonment with prison labor in the scope of punishment by law;

2. Scope of the recommended punishment on the sentencing criteria [the types of decisions] fire-fighting crimes, general standards, third types (special mitigation factors] punishment not (the scope of the recommended punishment], six months to one year (the area of mitigation) imprisonment.

3. Determination of sentence: Imprisonment with prison labor for 10 months and suspended execution for 2 years, a significant portion of the residence of the defendant-appellant D was destroyed by the crime of this case, and additional damage was incurred such as postponement of the neighbor's house and entering the neighbor's house, and there was social and economic loss such as input of a large number of fire-fighting personnel into the extinguishing of fire.

At night, the danger of the neighbor's life and property could not be ruled out because of the collapse in the densely concentrated area.

Moreover, the Defendant is under the influence of alcohol.

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