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(영문) 울산지방법원 2017.07.21 2014고합189

일반물건방화

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On April 22, 2014, the Defendant: (a) destroyed the property worth KRW 7,210,000 in total of the market price of the victim E-owned street signboards, placards, and front glass, and caused public danger by setting a single-use gas string lease, which was placed in India on the ground that it would be bad, under the influence of alcohol as seen earlier D in Ulsan-gu, Ulsan-si; and (b) destroyed the fire by setting the property amounting to KRW 7,210,000 in total of the market price of the front glass.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a fire, report on internal investigation, investigation report (specific description of the suspect), investigation report (specific description of the suspect);

1. On-site photographs;

1. Application of the written estimate for damage;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Six months to five years; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the types of punishment [the scope of the recommended punishment] is the three types (the prevention of general goods] [the person subject to special sentencing], the grounds for punishment are not imposed, or considerable damage is recovered (the factors for mitigation] [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] six months to one year.

3. Reasons for the decision of sentence and sentencing: Imprisonment with prison labor for eight months, and two years of the suspended sentence, the Defendant destroyed the victim’s property by attaching the waste leasing of India on the ground that the Defendant is bad.

Such crimes are highly likely to cause damage to another person's body or property due to their nature, and the fact that the defendant is unable to faithfully take the trial procedures, such as being detained due to his/her continuous absence during the trial, is disadvantageous to the defendant.

However, it appears that the defendant recognized and reflected the crime, and it leads to a somewhat contingent crime under the influence of alcohol.