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(영문) 대구지방법원 서부지원 2018.01.11 2017고합202
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From June 14, 2017, the Defendant: (a) was hospitalized in D Hospital D located in Seoggu Seosan-ro, Daegu-gu, Sinsan-ro, Daegu-ro, and (b) was admitted to the outside on July 30, 2017.

On July 30, 2017, around 22:37, the Defendant drinked drinking at the house of the Defendant No. 106, 606, and 606 of the Daegu-gu apartment unit E, Daegu-gu, Daegu-gu, 2017, and attached it to the Defendant’s fastener among the clothes accumulated at the lower room of the Defendant’s office, with the Rater attached the Defendant’s shoulderer, and fastened the small door door and set it to the lower wall and the lower wall.

Accordingly, the defendant destroyed a house which is used as a residence by burning it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on fire occurrence;

1. On-site reports on results of field identification and response to requests for appraisal;

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

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 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (resumed for the following favorable sentencing) of the suspended sentence:

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [the types] general criteria for fire prevention: in the case where actual damage [the person subject to special sentencing] is insignificant] mitigation area (the scope of recommendation punishment], one year and six months to three years.

3. The crime of this case, which was sentenced to punishment, was destroyed by a fire in an apartment in which many people live. If the crime of this case was committed without extinguishing the fire, it would have caused serious damage to the lives and property of a large number of people and thus, it is not good to the nature of the crime, and the fact that the crime was committed is serious and is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes his criminal act and reflects his criminal act, the actual damage caused by fire prevention is not much significant, and the defendant needs to receive long-term treatment.

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