logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.09.26 2014고합281
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the victim C's relationship with the victim.

On July 20, 2014, at around 23:30 on July 20, 2014, the Defendant: (a) at the victim’s house located in Jung-gu Seoul Metropolitan Government Ditcoon No. 205, on the ground that the victim refused to live with himself/herself on the ground that he/she suspected of female relations and searched the handphone of the defendant, and carried the above handphone on the wall; and (b) the victim was able to stick off the wall out of the wall, which the victim was holding in the part of the line that he/she was holding in a large part of the part that he/she was faced with the wall, ceiling, etc., and got the victim to have a total of 3.59 square meters of the total floor area of the victim’s house.

As a result, the Defendant destroyed all houses worth KRW 70,000,000 which are the market price owned by the victim who is used as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Certificates of photographic evidence of the suspect at the case site;

1. Reports on the results of on-site identification and comprehensive reports on fire occurrence;

1. Application of Acts and subordinate statutes to investigation reports (report on the statement of a shote, on-site photograph, public announcement price of the house destroyed by fire, and total floor area verification

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] general standards and the mitigation area (one year and six months to three years of imprisonment] (special mitigation) (the grounds for suspension of execution of imprisonment] mitigated (the grounds for suspension of execution of imprisonment] - Major reasons for suspension of execution of punishment: Non-esteem of punishment

arrow