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(영문) 광주지방법원 2015.09.09 2015고합239

일반물건방화

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 14, 2015, at around 00:34, the Defendant discovered 6 wooden lelet (7,000 won per opening price) accumulated by the victim D from the outer wall of the 1st floor of the building of the 4th floor of Gwangju-gu, Gwangju-gu, Gwangju-gu, and posted a fire on the above wooden lelet by putting them up with a single lebrogate and attaching a single lebide to the surrounding areas without any justifiable reason. On June 14, 2015, at around 00:42, the Defendant tried to turn back to the site again in the same manner, and then refused the fire again, around 00:48 on June 14, 2015, at around 00:48, the Defendant added to the above wooden lelet on which it was loaded.

Accordingly, the Defendant destroyed the above tree path in such a way as above and caused a situation in which a fire can spread to nearby printing offices, etc., thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. Application of the sentencing criteria [Determination of types] general criteria for fire prevention. Type 3 (Setting of Types) (Setting of General Goods Fire Prevention): - Reduction factors: Where actual damage is minor (Determination of the recommended area] mitigation area [Determination of the recommended area] mitigation area (decision of the recommended area] 6 months to 1 year; and

3. The punishment shall be determined as ordered by the Sentencing Committee, taking into consideration the following factors: the fact that the actual damage to the sentence is minor; the defendant has no record of punishment except for two previous offenses; the confession and reflect of the crime; the circumstances of the crime in this case; the circumstances after the crime; the age, character and conduct, health conditions of the defendant; and the sentencing criteria of the Sentencing Committee: