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(영문) 수원지방법원안산지원 2020.12.22 2020고합213
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

The Defendant is a person who resides together with E (E, China's nationality, 32 years of age, hereinafter referred to as "AE") as an ASEAN-gu, Ansan-si, Ansan-si.

On June 3, 2020, from around 23:35 to 23:41 on the same day, the Defendant considered the living conditions while drinking mixed alcohol in the above Defendant’s residence, and on the premise that “I do not have to do so.” On the ground that in front of the entrance, the Defendant puts the paper in a gas stop for rice units, suspension, etc. before the entrance, puts down the water by itself, cut off the water by itself, and putting the gas stop into a stop stop, waste, etc. at the vicinity of the small door door where he was self-employed. In addition, the Defendant sent the fire to the small floor and the wall of the wall.

As a result, the defendant set fire to the living room floor, small floor and wall of the above building, which are used by people as a residence, so that the market value can be repaired.

Summary of Evidence

1. Application of Acts and subordinate statutes to the submission of reports on internal investigation, on-site photographs, and on-site records of fire prevention incidents (a investigative report and an appraisal report) to E in the statement of the defendant's legal statement;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Imprisonment with prison labor for a period from one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of punishment [the range of the recommended area and the recommended punishment] mitigation area, 1 year and 6 months to 3 years [the general person] mitigation elements: No record of criminal punishment;

3. The following circumstances and the defendant's age, character and conduct, career, home environment, and crime:

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