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(영문) 인천지방법원 2016.06.09 2014고합112
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who lives by leasing 201 multi-household houses owned by the D located in Bupyeong-gu Incheon Metropolitan City.

Around 02:50 on January 1, 2014, the Defendant, while under the influence of alcohol as set forth in the above 201, placed two cremations under his part, and destroyed the 201 square meters total by 33 square meters by attaching a fire with a buster attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site reports on the results of meals;

1. On-site photographs;

1. Application of Acts and subordinate statutes to lease agreements and estimates;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Application of the sentencing criteria [types] and the basic area of the Class 2 (Setting fire to general structures, etc.) (Scope of recommended sentences): Imprisonment for a year and six months to three years [general sentencing factors] mitigation factors: efforts to prevent extinguishment or other spread of damage, serious anti-competitive factors: Where there exists a risk of large-scale damage.

3. Determination of sentence: Imprisonment with prison labor for one year, the defendant laid down to a multi-household in which the ten households are residing and brought about a significant result in the transfer of the households in which he had resided.

The defendant's crime of this case is a very serious criminal act in that not only another household of the above multi-household house but also also neighboring neighbors may threaten the life and property of neighboring neighbors, and it is inevitable to punish the defendant accordingly.

However, the Defendant appears to have committed the instant crime due to depression and pain in the course of being living alone after being divorced from his spouse as a recipient of the interest on a physically handicapped person with a disability of grade 6, and the Defendant was unable to attend the respective households immediately after the Defendant’s failure.

As a result, human life damage occurs.

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