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(영문) 대구지방법원 김천지원 2017.04.18 2016고합163
현주건조물방화
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 12, 2016, the Defendant, at around 17:50 on December 12, 2016, at the house of the victim D (Defendant D) located in Kimcheon-si C, on the ground that the victim was not at the defendant's wall, and that the victim was not at the defendant's wall, he was in dispute with the victim, who was blicking gasoline to the living room's floor and booming it to the floor of the living room and so on.

Accordingly, the defendant destroyed the structure used by the injured person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. The first statement made to D with regard to the police;

1. Reports on internal investigation and investigation reports (attached photographs of seized articles);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Where the scope of the recommended punishment on the sentencing criteria [the types of punishment [the scope of the recommended punishment] is the type 1 (the prevention of fire, such as the suspender building, etc., the prevention of public structures, etc.] [the person subject to special mitigation], the area of mitigation, the area of mitigation, the scope of the recommended punishment], the area of imprisonment with labor for a year and six months or three years.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the defendant with a suspended execution for a year was destroyed inside the victim's residence by putting gasoline away in the house of the victim who was sentenced to punishment and setting fire to the victim's residence;

Considering the method and consequence of such crime, the nature and circumstance of the instant crime cannot be deemed rice.

However, the Defendant was sentenced to a fine of 700,000 won on November 29, 2013 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and there is no criminal record exceeding the said fine, and there is no history of the crime in depth regarding the instant crime.

The victim is also from the defendant.

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