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(영문) 광주지방법원 해남지원 2015.01.15 2014고합39
현주건조물방화
Text

The punishment of the accused shall be five years of imprisonment.

Reasons

Punishment of the crime

Defendant on November 3, 2014, around 02:15, around 02:2:15, the second floor of Jeonnam-do C.

Bags in the room No. 200

Madern E, together with the room business owner E, demanded a sexual intercourse over several occasions, but E did not return to the refusal by the E, attached a cremation on the one-time kitchen room, attached the cremation site on which the toilet site was located on the shock, and it was on the shock, and there is a field of the non-breadth shock.

The fire caused the fire to be spread to the entire building in which the room is located, thereby causing people to extinguish the existing building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to file a report on the results of fire fighting (wholly required D) and replys to requests for cooperation in investigation (C);

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 164 (1) of the Criminal Act for the choice of punishment;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Application of the sentencing criteria (determination of types), fire-fighting crimes, general standards, type 1 (Determination of the recommended area), basic area (determination of the recommended area), 2 years to 5 years.

3. The defendant's decision of sentencing recognizes and reflects his mistake, and outlines

In the think that they were belonging to a room business owner, they seem to have committed the crime of this case by contingency in the whole period of drinking, and there is no record of criminal punishment heavier than a fine.

However, the fire prevention of this case committed by the defendant merely on the ground that the fire fighting of this case led to a very serious risk of human life damage, and the owner of the building and the summary thereof.

Since the nature of the crime is very poor, such as causing considerable damage to the owner of a room, and there is no effort to recover damage, it is necessary to punish the defendant strictly.

Therefore, the above circumstances and the defendant's age, character and conduct, environment, etc. shall be determined by considering the defendant's punishment.

It is so ordered as per Disposition for the reasons above.

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