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(영문) 서울북부지방법원 2019.09.20 2019고합200

일반물건방화

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 16, 2015, the Defendant was sentenced to four months of imprisonment by the Seoul Northern District Court due to property damage, etc., and the execution of the sentence was completed at the Seoul Eastern Detention Center on April 13, 2016.

(1) On April 1, 2019, the Defendant: (a) around April 21, 2019, at the Seoul Special Metropolitan City, Nowon-gu B apartment, and Cdong 1, the Defendant: (b) carried out the collection of recycled clothes managed by D, who is an employee of the apartment management office; and (c) on the other hand, destroyed part of the collection of booms and clothes by setting fire to the boom and clothes.

Accordingly, the defendant set fire to the general goods owned by others and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of loss (general goods and fire);

1. Images of apartment CCTV and photographs from fire;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to criminal records;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for six months to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment [the category 3] general goods and fire prevention [the special sentencing person] mitigated factors: in the event that actual damage is minor, the amount of punishment in question or damage therefrom is recovered [the range of the recommended punishment area and the recommended punishment] special mitigation range, the period from March to one year [ the range of the recommended punishment corrected by the applicable sentencing guidelines] from June to one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range under law, and the minimum limit of the applicable sentencing range under law is applicable].

3. The Defendant, who was on the apartment clothes collection box even during the period of repeated crime, is still in the life of another person.