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(영문) 수원지방법원 여주지원 2018.11.29 2018고합64
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 01:30 on August 11, 2018, the Defendant, at the warehouse and inside room attached to D’s store, the victim’s interest in Gyeonggi-si C, a female student of the Defendant, had a fire spread to the building above the building by attaching a fire to the son on the ground that the damaged person was her blicker.

Accordingly, the defendant destroyed the above building owned by the victim to cause about KRW 3.6 million damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in E and D;

1. Reports on the results of field identification, and records of general buildings and fire-prevention photographs;

1. A detailed statement of reported case processing and a report on the fire situation;

1. Application of the written estimate statutes;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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 48(1)1 of the Criminal Act;

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

2. The scope of the recommended punishment [the types of decisions] the range of the recommended punishment [the range of the recommended punishment] the types 2 (special mitigation factors, such as general buildings, etc.] the scope of punishment [the scope of the recommended punishment] the area of mitigation of punishment, one year to 2 years of imprisonment.

3. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence, the Defendant committed a fire in the room owned by the victim on the ground that he/she was dissatisfied with the victim who is a female student.

Fire prevention is a serious crime detrimental to public safety and peace, and it is a highly dangerous crime that may cause serious damage to life and property of a large number of people in the event of spread of fire.

At the time of the crime of this case, there was no person inside the store, but the inside of the room is completely unfolded so as to make it difficult to identify the body, and according to the on-site photographs, the window and the door outside of the window in a studio room are inspected, and the exterior wall of the building is examined.

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