logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2020.10.16 2020고합73
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than 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 16, 2020, at around 17:49, the Defendant, at the dwelling space for multi-household D owned by the victim C in Gunposi-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (hereinafter referred to as the “multi-household D”) and put him in a string with a string in the strings, paper and packing boxes in the strings, etc., and destroyed the entire 24,090,000 won of the repair cost by making the strings on the floor, walls,

Accordingly, the defendant set fire to and destroyed a structure used as a residence by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C of a written statement of the police, written statement of the police, written report on the results of fire-proof, and statutes governing fire-proof photographs;

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. 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 repeated in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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 one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of recommended sphere and the range of recommended punishment], and one year and six months to three years in imprisonment, where fire prevention factors are reduced [the category 1], such as main buildings, fire prevention of suspend buildings, public structures, etc., fire prevention factors (the special appearance factors]: In cases where punishment is not granted or considerable damage has been recovered (the area of recommendation and the scope of recommended punishment];

3. Determination of sentence: Imprisonment with prison labor for a year and six months, the suspension of execution for a three-year period, resulting in the crimes in this case, both living rooms referred to in subparagraph D and main rooms among multi-household houses owned by the victim, causing damage.

In the instant multi-household house, if not only the victim but also the five households of tenants reside, there is a risk of serious human life damage and enormous property damage if they moved to other households.

arrow