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(영문) 수원지방법원 2015.11.06 2015고합494
현존건조물방화
Text

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

One set (No. 1) for a time seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On May 8, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a general motor vehicle and an attempted crime of fire prevention at the Suwon District Court, and the said judgment was finalized on August 29, 2015.

【Criminal Facts】

On February 18, 2015, around 18:30 on February 18, 2015, the Defendant was living for the Defendant from suffering from depression in the Defendant’s residence of the Jung-gu Seoul Central Office C and 301, Jung-gu, Seoul, and the third floor 301.

The Defendant, on the ground that it is difficult for the Defendant to die while she was frighten, after putting in fluent and clothes, posted fluences and clothes without leaving them as they were, and destroyed 301 internal walls, ceilings, floors, and fluences of the above building where other residents of this building, such as residents E, etc. living in 308.

Accordingly, the defendant destroyed a building in which people exist by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and D;

1. Fire scene photographs;

1. Records of seizure and the list of seizure;

1. Reporting on the occurrence of a disaster and investigation reports (to hear victim's D phone statements);

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of judgments on the same kind of fire-prevention case), investigation reports (related to the confirmation of the same kind of fire-prevention case) and application of statutes;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (mutual crimes, such as the crime of marketing and the crime of attempted fire prevention of ordinary automobiles for which judgment has become final);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

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

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. Determination of sentence: Imprisonment with prison labor for a year and six months, the same act of fire prevention as this case is a serious crime detrimental to public safety and peace; and

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