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(영문) 서울남부지방법원 2018.04.12 2018고합60

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 January 2, 2018, the Defendant heard from B around January 2, 2018 the horses that the Defendant is going to sell and purchase the Gangseo-gu Seoul Metropolitan Government House C and 302 house in which he is living, and careed his body to keep him in mountain and commit suicide.

On January 2, 2018, at around 20:20, the Defendant came to a finite Green Park located in 43-1, Gangseo-gu, Gangseo-gu, Seoul Metropolitan City, which was located at approximately 200 meters away from the back of the management office in the location of the Defendant, attached a finter to one day in the newspaper where the Defendant was in possession of the Defendant, and added the above newspaper to the fallen leaves accumulated in that place, thereby getting the Defendant moved to another tree, etc. in the vicinity of that area.

As a result, the Defendant destroyed shots, trees, etc. within about 50 square meters in a mountain franchising park in which approximately four million won of restoration expenses are to be borne by setting fire, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report (related to the return of the written petition of the Gu office and calculation of the amount of damage);

1. Application of Acts and subordinate statutes to a petition, on-site identification, a report on results of field identification, on-site photographs, and a gene appraisal report;

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. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of decisions] and the general standards for fire prevention [the scope of the recommended punishment] shall be three types of punishment (the scope of the recommended punishment] and ten months to two years (the basic area).

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years, the crime of this case is a crime in which the defendant intentionally destroyed the forest owned by others and thereby causing public danger, and thus, is highly likely to cause physical and property damage to many and unspecified persons;

However, the defendant recognized the crime of this case and is against it.