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(영문) 청주지방법원 충주지원 2013.10.24 2013고합51
현존건조물방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

A seized portable r shall be forfeited from the defendant.

Reasons

Punishment of the crime

On June 28, 2012, the Defendant was sentenced to 2 years of imprisonment with prison labor for the violation of the Punishment of Tax Evaders Act and 3 years of suspended execution on July 6, 2012 in the Cheongju District Court's Assistance, and is still under suspended execution.

The defendant is a person without a duty and without a fixed residence, who is administered with D's 602 EMoel operated by Chungcheong City C.

At the time, 30 or more guest rooms among 35 guest rooms were in the same room, and employees F were accommodated.

While under the influence of alcohol, the Defendant: (a) around 00:30 on September 7, 2013, in a state that the Defendant had weak capacity to distinguish things or make decisions; (b) attached a studio World Cup and gambling room in the vicinity of the entrance from the seventh floor of the 7th floor above the doctor’s front of the entrance, and caused a fire to the floor, fire hydrant’s wall, and stairs leading to the rooftop from the 7th floor in that evisher in that evisher to the rooftop; and (c) attached a fire to a septic tank installed at the entrance of the seventh floor in the 7th floor, and destroyed a fire by attaching a fire in the same way as a septic tank and a duer in that manner.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Seized articles and on-site photographs;

1. Previous records of judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (report on the binding of judgment during the period of suspension of execution of punishment);

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15448, Apr. 2,

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

1. Scope of punishment: Imprisonment with prison labor for up to seven months from September to June;

2. Scope of recommendations on the sentencing criteria [the determination of types] and the general criteria for fire prevention, such as suspender buildings, fire prevention such as residential buildings, public structures, etc. (special dunes), fire prevention (special dunes), mitigation factors: actual damage.

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