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(영문) 울산지방법원 2016.09.09 2016고합193
현주건조물방화
Text

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

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

Reasons

Punishment of the crime

On February 22, 2016, the Defendant, at around 17:20 on February 22, 2016, filed a complaint on the grounds that D, the father of the Pyeongtaek-gu, Ulsan-gu, would not sell the land at the Defendant’s house, and was under the influence of alcohol to D and E, who was the mother of D, and cut off the gas string connected to the gas of the main gas room with the saw in the above house, and put the leaked gas into the air.

As such, the defendant set fire to a building used by the family members of the defendant as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of a report on the results of field identification and statutes on site photographs;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria set forth in general standards and the scope of the sentence [the scope of the recommended punishment] shall be the mitigated area (one to six years from June to three years) (the special mitigated person].

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and with respect to the crime of this case for a period of three years under a suspended execution, the defendant's attempt to leave the land owned by him/her;

In light of the following: (a) gas ice connected to the main gas room for the reason that he could not sell the land without causing the transfer of the name; (b) gas ice connected to the main gas room; and (c) the Defendant’s family’s family member brought up a house used as a residence by attaching leaked gas to the leaked gas; (d) in light of the motive of the crime or the risk of the method of the crime, the crime was not good; and (e) three bonds are in place around the instant house; and (e) one bond can be transferred to the said house because the instant house and the fence were in contact with the instant house.

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