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(영문) 대전지방법원천안지원 2020.09.18 2020고단962

자기소유일반물건방화

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 10:00 on April 10, 2020, the Defendant, at the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul Metropolitan City apartment house C, which is one of his residential areas, was drinking alcohol and water exemption, and was able to brud with a fire by attaching a paper paper, etc. on the sedt lease. However, the Defendant was grud while operating a sprinkler at that place.

Accordingly, the defendant caused public danger by setting fire to his own market fire and invasion.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report on the Defendant’s legal statement D on the occurrence report (fire), the 112 reported case handling table, the on-site identification report [it is difficult to view that the Defendant suffered from the public disorder and the main state was the fact at the time of committing the crime, but it is difficult to view that the Defendant’s failure to discern things or make decisions has led to the weak state of ability to discern things or make decisions];

1. Article 167 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 167 of the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The conditions for sentencing specified in the pleadings of this case, such as the defendant's age, character and conduct, motive for committing a crime, and circumstances after committing a crime, shall be determined as ordered by taking into consideration all the circumstances that are favorable to the defendant, such as the fact that there was a risk of large fire: the defendant's mistake, the fact that the defendant is a dynamic crime, the defendant does not have any previous conviction,