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(영문) 서울중앙지방법원 2016.12.23 2016고합1159

재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On August 6, 2016, at around 05:09, the Defendant damaged the property to cover KRW 50,000,000 of the repair cost by cutting down the Flue forest VS125 Orala, which is owned by the victim E, parked on the street in front of Gangnam-gu Seoul, Seoul, without any particular reason, by cutting up the damaged EXE so far.

2. On August 6, 2016, around 05:10 on August 6, 2016, the Defendant: (a) discovered the victim H I. I.p. Haba, which justs the alley of Gangnam-gu Seoul, set up in the front parking lot of the building; and (b) laid down a fire to rest in the above Oba, using a disposableter prepared in advance without any particular reason.

Accordingly, the defendant caused public danger by setting fire to the above 2.7 million won market price which is the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against H (including the part in which the J's statement is made);

1. Statement to E by the police;

1. Each investigation report and accompanying documents (as the list of evidence by the prosecutor (hereinafter referred to as “satisfy”) shall be attached only;

(iii) 3 to 9, 13, 14, 27, 28, 29, 31, 32, 37, 50, 51, 54, 61, 62, 69 through 74, 76, 77)

1. Application of Acts and subordinate statutes, such as on-site inspection reports (number 1), field photographs (number 2);

1. Relevant Article 366 of the Criminal Act and Article 167 (1) of the Criminal Act (the point of causing destruction and damage to property and the choice of imprisonment) to commit a crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes (within the scope of the sum of the long-term punishments of the above two crimes)] among concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the favorable circumstances, etc. in the following reasons for sentencing)

1. Imprisonment with prison labor for up to six months from six years to six months;

2. Basic crimes within the scope of recommendations according to the sentencing criteria: General standards for fire-prevention of general goods (determination of types) and fire-prevention (general goods and fire-prevention).