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(영문) 서울동부지방법원 2015.07.24 2015고합132

공용건조물방화등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a public official of Grade VII in technical service E belonging to the Dong-gu Seoul Metropolitan Government Vice-Water Business Office, which has ten roads as a Gosan in Seongdong-gu Seoul Metropolitan Government.

1. Around April 24, 2015, the Defendant attempted to damage public goods, even if he thought, at the E office located on the third floor of the building in the building of the same water supply system, that the work performance rating of F, who is the follow-up jury, was higher than the Defendant, reduced the following concrete floor by using one facsimile of an amount equivalent to KRW 270,000 in the market price on the books of the office.

The Defendant attempted to harm the facsimile, which is an article used by a public office, to the effect of using the facsimile. However, the Defendant failed to commit an attempted crime due to the wind not destroyed by facsimile.

2. Around April 24, 2015, the Defendant, a public structure, fire-fighting, was in the G office located on the third floor of the building in the same department water supply business office, and the Defendant, for the reasons as referred to in paragraph (1), divided the money again into the same paragraph, and attached a fire by using a flickter in advance, which was in possession of a yellow slicker inside the office, and had the flick and wall affixed up to the ceiling of the office.

Accordingly, the defendant, who is a public interest, destroyed the building of the same water supply business place, which is the building for the above water supply business place, which is used by the public interest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, H, and I;

1. Application of Acts and subordinate statutes to a report on the occurrence of a fire, on-site identification report, investigation report (in relation to expenses incurred in restoring a fire), investigation report (or relative investigation by facsimile of damaged goods for public use);

1. Relevant provisions of the Criminal Act and Article 165 of the Criminal Act that apply to the crimes and the choice of punishment (the occupation of public buildings and fire prevention, the choice of limited imprisonment), Articles 143 and 141 (1) of the Criminal Act (the attempt to damage public goods and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.