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(영문) 서울남부지방법원 2020.08.13 2020고합280
현존건조물방화치상
Text

A defendant shall be punished by imprisonment for five years.

A copy (No. 1) of seized satisfy shall be confiscated.

Reasons

Punishment of the crime

The Defendant has resided in Geumcheon-gu Seoul for about 8 years with victims of de facto marriage (n, 54 years of age) and de facto marriage at the same place.

Around 03:10 on May 17, 2020, the Defendant, at the above residential area and factory, had the victim take a bath for the Defendant’s children, attached fire to the end of the above factory by putting it over to the end of the watcher (Evidence No. 1) which had been located in the place, and had the Defendant spread to the floor of the earth with a stringer, which had been carrying the width on the floor, and had the Defendant spread to the entire plant.

As a result, the Defendant destroyed the structure owned by the victim D, which is owned by the victim, to be in excess of KRW 121,027,80,000, for repairing the repair cost, and thereby, the victim C suffered approximately 4 weeks of her her son and her her her son and her her her son who need to be hospitalized for about 4 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of damage in the C preparation;

1. Records of seizure and the list of seizure;

1. An investigation report (No. 4), an investigation report (victim C telephone call), a criminal investigation report (the attachment to a file of a report on 119), a criminal investigation report (the attachment to an emergency medical service report), a criminal investigation report (the attachment to a legal chemical appraisal report), a criminal investigation report (the verification of human damage - the submission of a diagnosis report, etc.), a criminal investigation report (the verification of fire material damage - the estimates for the repair

1. A report on the results of field identification;

1. Application of statutes on field photographs;

1. Article 164 (2) and (1) of the relevant Act concerning the facts constituting an offense and Article 164 (2) of the multiple-choice Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be the scope of the recommended punishment [the first category] that there is no injury or injury resulting from fire, such as the main building, etc. [the scope of the recommended area and the range of the recommended punishment], the basic area (the scope of the recommended area and the range of the recommended punishment], four years to seven years.

3. The age, character and conduct, environment, and family relationship of the defendant favorable or unfavorable to the same defendant under the decision of sentence.

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