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(영문) 대구지방법원 2020.08.28 2020고합237
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant and the victim B are in conflict with each other.

At around 02:00 on January 25, 2020, the Defendant, while under influence of alcohol in Daegu-gu apartment house C apartment house D, the home of the victim, opened the entrance of the above house and set up on the corridor the removal of the victim, who was in possession of the victim, on the floor of the corridor, destroyed the fire by putting the fire on the gate and let the part of the corridor cover.

Accordingly, the defendant set fire to the general goods owned by the victim and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the current state building and fire-prevention incidents against the police statement concerning B;

1. Application of statutes on site photographs;

1. Article 167 (1) of the Criminal Act applicable to the crime;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the range of recommendations] [the scope of punishment [the category 3] ordinary goods and fire prevention [the special person] mitigated elements: In cases where punishment is not imposed or considerable damage is recovered, the area of mitigation [the scope of recommendations and recommendations] mitigated area, six months to one year;

3. Determination of sentence: Ten months of imprisonment and two years of suspended execution are serious crimes that undermine public safety and peace, and thus, the risk of serious damage to the life and property of many influences is very high.

The crime of this case was committed by the defendant on the floor of apartment corridor in the new wall, and the crime of this case is not good in that it can lead to large fire, and the punishment for the crime of this case is not easy.

However, the defendant suffers from mental illness, such as the fact that the defendant acknowledges and reflects the wrong, and depression, and the crime of this case is contingent.

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