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(영문) 대전지방법원 서산지원 2015.04.09 2015고합11

일반물건방화등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Force】 On March 14, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) at the Seosan Branch of the Daejeon District Court, and completed the execution of the sentence on August 3, 2014.

【Criminal Facts】

1. On February 2, 2015, at around 04:47, the Defendant damaged public goods, found to be a nearby interesting Myeon office located in the luxan-gun, Chungcheongnam-do, Chungcheongnam-do, Taenam-do, and found the window of the above Myeon office to be an luxed tool, and cut down the shock-proof net installed in the above window.

Accordingly, the Defendant damaged the shock network, which is a thing used by public offices.

2. On February 2, 2015, the Defendant, at around 05:00, carried one compact shower and straw, which is the owner of the above Myeon office, at the garage of the above Myeon office, and stored the above Myeon office with one compact shower and straw, etc. at the lower bulletin board below the above Myeon office’s entrance. The Defendant was in possession of the Rabter and carried out in the near Myeon office with a straw, which brought about in the near Myeon office in total, with a 80,000 won of the market value attached to the Myeon office.

Accordingly, the defendant destroyed the object by setting fire, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Written estimate;

1. On-site photographs, such as site photographs, site photographs, etc. after a CCTV closure;

1. Previous records: Application of criminal records, etc. and investigation reports (the fact that the person is a repeated offender and attachment of the same kind of power);

1. Relevant Article 141(1) of the Criminal Act and Article 167(1) of the Criminal Act (the point of damage to public goods and the choice of imprisonment), which applies to the crime (the point of general fire-prevention);

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

1. Reasons for sentencing from among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent Crimes with Punishment that is heavier than that prescribed for the crime of arson) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: the crime of setting fire to general goods;