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(영문) 서울북부지방법원 2013.11.15 2013고합288
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 03:50 on September 25, 2013, the Defendant performed drinking in front of the F building owned by the victim E in the Jung-gu Seoul Metropolitan Government D at the convenience store located around the place and returned to the house. The Defendant, who was in a usual economic difficulty and unable to enter marriage, was fluencing the circumstances of the Defendant, and was in a parking lot and a warehouse in the underground space, with a fire attached to a one-time stop, which was in possession of a usual room, and was stored in the vicinity of the non-breadth by attaching a fire to a one-time stop, which was in possession of a usual room, at approximately KRW 30 million in the market price owned by the victim, and around KRW 20,40,000,000 in the market price owned by the victim H, which was parked at that place, and had the victim’s 30,04,000,000 won in the aggregate parking lot and the entire underground storage of the above building.

Accordingly, the Defendant: (a) destroyed the F building owned by 2 victims E, including victims H and family members, which is used as a residence; (b) approximately KRW 20 million for repair costs; and (c) destroyed it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. On-site inspection reports, investigation reports (the analysis of criminal administration methods and arrest details, calculation of market prices of damaged articles and the confirmation and report of details of damage to buildings);

1. Application of seizure records and list statutes;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;

2. Scope of the recommended sentence according to the sentencing guidelines (determination of a type), fire prevention, general standards, type 1 (Setting and scope of the recommended sentence) (Setting and scope of the recommended sentence) basic area, two to five years of imprisonment (the scope of the corrected recommended sentence), three to five years of imprisonment (the minimum limit of the applicable sentence shall be considered); and

3. Determination of sentence: Imprisonment with prison labor for three years and circumstances favorable to the defendant (the defendant recognized the crime of this case and reflects the fact that the defendant does not cause harm to human life) and unfavorable circumstances.

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