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(영문) 수원지방법원 2018.03.13 2018고합18
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From October 15, 2017, the Defendant, from around October 15, 2017, had been living in Suwon-si D, and underground 1 with children born between his/her spouse C and his/her spouse in Suwon-si, Suwon-gu, Suwon-si, and his/her family register registration issues and stress on the fact that he/she did not receive wages from the recent construction site. As a result, the Defendant, who was admitted to a protection facility, had his/her spouse and children enter the protection facility while drinking alcohol, was able to commit suicide at home.

On November 20, 2017, at around 16:00, the Defendant: (a) placed clothes, stop, and clothes in the above residence with a strings, etc. using a string, which he had been holding in the above residence; and (b) moved them into the wall of the above dwelling area and the wall of the first floor door of the above building.

Accordingly, the defendant destroyed a building used as a residence by a person.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each statement of E, F and G;

1. On-site investigation photographs;

1. Reporting on the occurrence of a fire, reporting on the occurrence of a fire, reporting on the results of identification of a fire accident, and applying Acts and subordinate statutes to a fire site investigation;

1. Article 164 (1) of the Criminal Act applicable to the facts constituting an offense (opportune of imprisonment with prison labor);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 conditions favorable to the following reasons for sentencing)

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. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for up to five years (the scope of the recommended punishment) and the basic area [the person subject to special sentencing] shall be the first type (Setting fire to the main building, etc., and setting fire to the public structures, etc.).

3. Determination of sentence: Imprisonment with prison labor for two years, and suspended execution for three years, the crime of this case was destroyed by setting fire to the building which a person uses as a residence, and the life and property of many unspecified persons;

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