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(영문) 대전지방법원 홍성지원 2014.02.06 2013고합76
일반건조물방화등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 9, 2013, the Defendant: (a) had been divorced with his wife and had no other occupation and has been living in an economically difficult way; (b) had been able to prevent fire by using gasoline; and (c) had purchased gasoline at “D gas station” located in Chungcheongnam-nam Honggun C around 20:30 on October 9, 2013.

1. Around October 21, 2013, the Defendant: (a) destroyed a plastic structure owned by the victim F in front of the Defendant’s house located in Chungcheongnam-gun, Hongsung-gun, by means of setting fire with approximately two liters of gasoline, which was purchased in advance, and possessed in a plastic structure owned by the victim F.

2. At around 22:00 on October 9, 2013, the Defendant, the mother of the Defendant and the mother of the Hongsung-gun, are living in Y, the present state building and fire preliminary Defendant: (a) placed about 1 liter on the Defendant’s body and the floor of the lower court, she saw about 20 minutes of a disturbance with the Defendant’s body and the lower court’s her mother and her mother living in F, and her mother and her mother and her mother, and brought about a disturbance between 20 minutes of a disturbance to G.

Accordingly, the defendant prepared fire prevention for the purpose of setting fire to and burns a structure used by people as a residential area.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, H and G;

1. Seizure record and list;

1. Each investigation report and investigation report (F testimony hearing);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 166 (1) of the Criminal Act (the occupation of general buildings and fire prevention), Articles 175 and 164 (1) of the Criminal Act concerning the facts constituting the crime (the occupation of the current main building and fire prevention);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment heavier than punishment provided for in general buildings and fire-prevention) of the Criminal Act;

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. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;

1. Confiscation of the Criminal Act;

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