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(영문) 청주지방법원 2018.07.20 2018고합83
현주건조물방화
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the lessee under subparagraph 203 of the Dong-dong 203, substantial Gu building A, Cheongju, a multi-household house.

around 15:53 on January 3, 2018, the Defendant caused damage equivalent to approximately KRW 1,925,00 by attaching a fire to the ward and making it possible for D to have the entire inside of the house, and caused damage equivalent to KRW 1,925,00,00, while D had a dispute over his or her belongings with his or her husband as his or her his or her father's wife's husband and college's entrance in the middle of high school.

Accordingly, the defendant set fire to and burns a structure in which four households reside.

Summary of Evidence

The application of the Acts and subordinate statutes to the defendant's statutory statement E, D, F, and G investigations into the scene of a fire site in the police statement report (to hear the counter party statement of the fire fighter) by the fire brigade commander.

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

2. 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).

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the following reasons for sentencing).

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

2. The scope of the recommended sentencing guidelines [the type of punishment] the category 1 (the prevention of fire, such as the main building, and the prevention of public structures, etc.) [the person subject to special mitigation] the area of mitigation of punishment [ the scope of the recommended punishment] (the scope of imprisonment from June to 3 years).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case was committed by the defendant, which caused him to spread to the whole inside of his house by attaching him a fire to his ward, and thus, destroyed the building in which four households live, which would be a large fire, and may cause serious damage to the lives and property of the large number of people, and thus, the criminal liability of the defendant is not weak.

However, the fact that the defendant recognizes the crime and reflects the mistake, the defendant restores the damage, and smoothly agrees with the lessor and the manager of the building.

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