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(영문) 의정부지방법원 2017.03.30 2016고합571
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

The defendant was living together with wife E and his children from 104, 1004, Dong 1004, Yangju-si.

On November 6, 2016, the Defendant, at around 24:00, was under the influence of the above Defendant’s house, was able to commit suicide by gathering things on the grounds of excessive occurrence of educational expenses, such as expenses incurred in studying abroad by his children, and on the grounds that it was difficult to live there. On November 6, 2016, the Defendant, who was under the influence of the said Defendant’s house, was on the part of the wife, who was on the part of the disposable toilet, with a fire attached to the gate of the wife, which was on the part of the disposable toilet. The Defendant, at the same time, was on the part of the said apartment.

As a result, the Defendant: (a) destroyed 13 households with wife E, etc., such as the above 104 Dong 1004 104 dong 1004; and (b) destroyed 103,700,000 won for repair.

Summary of Evidence

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

1. Each police statement made to E and F;

1. A protocol of seizure and a list of seizure;

1. Report on occurrence, report on internal investigation, each investigation report, investigation report on actual conditions, response to the results of identification, and reply to expert opinions;

1. A summary map, a copy of insurance policy, the current status of receipt of damage from 104 units of fire, a written estimate of works to restore a burning household, a written estimate of works to be performed for fire recovery, and a written estimate of works to be performed;

1. Application of statutes on site photographs;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. In cases where multiple victims have occurred or have great damage (a person subject to special aggravation) in mitigation area (one year and six months from June to three years), reduction area (a person subject to special aggravation) within the mitigated area (a person subject to special mitigation) within the scope of punishment) within the scope of the sentencing criteria, the number of self-denunciation and exemption from punishment;

3. Determination of sentence: One and half years of imprisonment;

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