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(영문) 수원지방법원 성남지원 2018.04.26 2018고합45
현존건조물방화
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 25, 2018, the Defendant: (a) around 17:15, at the staff shop D in Gwangju-si (mutual E)’s workplace in Gwangju-si (mutual E); (b) caused the disregard of the Defendant; (c) caused the string of petroleum in a container in which the F is still in a container, and destroyed all the containers by putting the petroleum for heating on the floor, which was contained in the petroleum outlet, into a string back of the oil string, and setting off the oil for heating on the floor, which was laid down on the floor, with a string, and setting off the entire container.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to D or F;

1. Each report on internal investigation (on-site inspection and the process of receipt of the case, analysis of CCTV, and confirmation of the point of fire-prevention);

1. Application of the statutes governing field photographs, CCTV photographs, CCTV images CDs;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - When applying the sentencing guidelines established by the Supreme Court Sentencing Committee to the type of the instant crime and sentencing factors, the scope of the sentence recommended shall be from 1 year and 6 months to 3 years, and the following circumstances shall be taken into account to determine the sentence identical to the order - The Defendant is aware of the existence of a person in the container, and thus, the liability for the instant crime is very imminent - On the other hand, that the Defendant did not want the Defendant’s punishment - that the Defendant would not want the Defendant’s punishment - the Defendant would be liable for monetary compensation for damage caused by fire, such as container, etc. - there is no record of the crime that exceeds the Defendant’s fine.

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