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(영문) 인천지방법원 2015.01.15 2014고합772
현주건조물방화
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 16, 2014, at around 16:50 on October 12, 2014, the Defendant, at the Defendant’s house located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon,,, even though he was under the age of the victim D, who is his father, living in the Defendant’s house, and living in the Defendant’s house love book, and was dissatisfied with the Defendant’s complaint to do so without being able to do so, and the victim was seated in the front of the love book. At the moment, the Defendant thought that the victim was laid down in the love book in which the victim is living, and that he was able to show the victim at his house.

When putting fire to the fire fighter of a forest stove in vegetable wood boiler room in vegetable, the Defendant, with two newspapers and razers, attached fire to the newspaper site, and moved fire to the bottom of the fire stove in front of the vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable.

Accordingly, the defendant destroyed the house owned by 3 persons such as D and family members in the market price, which is the defendant's ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Sentencing criteria:

(a) Type 1 (Setting fire to Present Living Building, etc., and setting fire to public buildings, etc.);

(b) 1 year and 6 months to 3 years (a mitigation area, a non-exclusive penalty area) of imprisonment within the scope of recommendation;

3. The crime of this case, which was determined to be sentenced, is a crime that leads to the Defendant’s residence where his family members reside, and that may cause a large risk to many people.

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