beta
(영문) 서울중앙지방법원 2018.08.20 2018고합753

일반물건방화등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 11, 2018, at around 04:50, the Defendant damaged the said car, which is the victim’s ownership, by putting the driver’s seat of the Fpetas car owned by the victim E into flag and flag disease several times at the front of the D convenience store located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

2. In general, the Defendant: (a) destroyed an unbrupted fishcar on the market price and caused public danger by setting fire to the same urier with a urier, which was in the influence of alcohol, on the date, time, place, and at the same time and place specified in paragraph 1; and (b) destroyed the rier on the part of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (the submission and review of video images of the victim E, the submission of a written estimate to the victim E, the submission of additional estimates to the victim E, the hearing of the victim's telephone, and the verification of the

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment), and Article 167 (1) of the Criminal Act (the point of preventing general property) concerning criminal facts;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the crime of fire-prevention of general goods with heavy penalty);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to 13 years; and

2. Application of the sentencing criteria;

(a) There is no type 1 (any person subject to special sentencing) (the scope of recommending punishment) (the scope of recommending punishment) (the basic area) from April to October (the basic area) of the crime subject to damage to property; and

(b) No types 3 (Setting Fire to General Goods) (Setting Fire to General Goods) (the scope of recommended punishment) (the scope of recommended punishment) shall be sentenced to imprisonment with labor for 10 months to 2 years (the basic area).

C. The scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to two years.