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(영문) 부산지방법원 서부지원 2017.07.20 2017고합48
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 27, 2017, the Defendant, at around 21:30 on March 27, 2017, her wife and her husband and wife fighting at the home of the Defendant at 102 house of 102, the second-story household located in Busan Seo-gu, Busan, and her husband and her wife sleeped her mother and her mother her mother slick sl

At around 00:40 on the same day, the Defendant: (a) laid a string with a string in front of the entrance, laid down a string in front of the entrance, laid down the string for a long time, laid down the string wall, ceiling, etc., and laid down the string wall, ceiling, etc. into the house as a whole.

As a result, the Defendant’s foregoing multi-household 102, which is used by a person as a residence, is apparent that the “30 million won” written indictment is a clerical error (Article 87 pages of the investigation record). As such, the Defendant’s correction is made as follows.

The fire was caused by the fire that is reasonable in the cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to fire site surveys;

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. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution (Article 62(1) of the Criminal Act, which is favorable for the following reasons, shall be considered as suspension of execution:

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] the scope of the general criteria for fire prevention [the scope of the punishment] the type 1 (the prevention of fire, such as the suspender building, etc., the public structure, etc., and the prevention of fire] the scope of the reduced punishment (the scope of the recommended punishment from June to three years).

3. The sentencing and fire-prevention crime is a serious threat to public safety and peace, and at the time two households have more resided in the above house, and the life, body, and property of other residents who have been existing in the above house is serious.

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