logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.10.25 2018고합235
현주건조물방화
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From June 22, 2017, the Defendant: (a) 09:10 on January 22, 2018, when he began with wife C and carried his body, she endeded on his body; (b) 09:10 on January 22, 2018, the Defendant 109-dong 202, the Defendant 109-dong 202, in the Defendant’s residence, she drinked the mixed apartment in a car book, she flusing the relevant apartment in a string, and laid the guns of the instant apartment on the carpet flus which are attached to the living room’s floor, and then laid down the 2-meter of the floor of the living room so that the market can be repaired at the market.

As a result, the defendant destroyed the above apartment building 109 units, which is a building used by a person with no name, as a residence, to be a repair fee for the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to field photographs, reports on fire identification, reports on the results of fire identification, and fire site surveys;

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);

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances specified in the grounds for sentencing) of the mitigated amount;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] that there is no type 1 (Setting fire to the main building, fire prevention of public structures, etc.) [the person subject to general sentencing] [the scope of the recommended punishment] [the person subject to general sentencing] [the scope of the recommended punishment] 2 to 5 years, and the basic area.

3. The Defendant, who was sentenced to punishment, caused a fire to the entire apartment by setting fire to his or her residence, and such an act may cause enormous damage to human life and property damage due to an apartment as a whole, and thus, the nature of the crime is not weak.

However, there is a confession of the accused and a mistake, and the punishment of suspended execution or more shall be imposed.

arrow