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(영문) 의정부지방법원 2018.05.31 2018고합70
현주건조물방화
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final.

Reasons

Punishment of the crime

The Defendant, at around 20:00 on February 10, 201, had weak capacity to distinguish things or make decisions due to Choyang-si, etc., and the Defendant and the Defendant’s mother were living together in the house on which around 20:00 Southyang-si, the mother and the Defendant were living together, and the mother were in a dispute with the mother as a monetary issue, and the mother was able to have a fire on the inner floor by attaching a fire to the inner floor by means of a single gas rash which was being put in the inner floor where the mother was living together with his house and was living together with her mother, and was in a dispute with her mother.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A suspected suspect and on-site photograph, a report on the results of field identification, a report on the field file, and a report on the scene of a fire;

1. Application of the Act and subordinate statutes to a response to a request for appraisal (2018-H-2585);

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 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Grounds for sentencing under Article 62 (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. One year and six months to three years, respectively, for the following reasons: (a) the scope of the recommended punishment [the scope of the recommended punishment] stipulated in the sentencing guidelines; (b) the scope of the recommended punishment [the scope of the punishment [the scope of the recommended punishment]; (c) the area of special mitigation (9 months to three years); (d) the mental or physical weakness (no person in charge of himself/herself is responsible); (d) the amount of penalty not to be imposed; or (e) the amount of damage from a considerable portion of the punishment [the correction following the comparison between the applicable

3. Determination of sentence: The sentence shall be determined in the same manner as the order is, comprehensively taking into account the following conditions of sentencing, such as imprisonment with prison labor for a year and six months, suspension of execution of two years, the age, sex, environment, motive and circumstances of the crime, method of the crime, and the circumstances after the crime.

[Unfavorable circumstances] The crime of this case, which is the same as the case where many people live together, is large.

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