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(영문) 광주지방법원 목포지원 2017.05.18 2017고합24
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant was a person who was residing in the victim D owned by the victim in South-west-gun C, and the house repair cost was not compensated due to the dispute with the victim, and the victim was dissatisfied with the above house.

On October 1, 2016, the Defendant: (a) around 05:00, at a victim-owned warehouse located adjacent to the above house; (b) using a horseter, attached a newspaper in the above warehouse and a stuff to the left-hand side of the above warehouse; and (c) carried the wall on the left-hand side of the warehouse; and (d) carried the entrance door of the living room in the house, a small room, etc. in the house with the remaining newspaper, where no person resides therein; and

Accordingly, the defendant destroyed the above warehouse and house owned by the victim for a total of 3.5 million won of repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on the occurrence of a fire and on the results of field meals;

1. Application of the statutes of the response request for appraisal;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions], fire prevention, general standards, type 2 (Setting fire to general buildings, etc.) [person subject to special sentencing] mitigation factors - where actual damage is minor (the decision in the sphere of recommendation] mitigation area / [ the scope of the recommended punishment] mitigation area, one year to two years.

3. The Defendant, who was sentenced to sentence, commits a fire to the warehouse and house owned by the victim during the new wall hours, thereby threatening the public peace and safety, and causing property damage to the victim, and the quality of such crime is not weak.

However, the fact that the defendant confessions all of the crimes and reflects them, the amount of damage is relatively minor, and the defendant is the victim.

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