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(영문) 부산지방법원 2015.05.01 2015고합92

일반건조물방화

Text

A defendant shall be punished by imprisonment for one year.

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

Around December 12, 2014, the Defendant: (a) deemed that C, the Defendant, who was aware of it, was under the influence of alcohol, was found in his own house located in Seo-gu, Busan, Seo-gu; and (b) said C, “C-gu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu,” and “N, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, Pu, P

On December 13, 2014, at around 00:30 on December 13, 2014, the defendant, the victim F, who was in front of Seo-gu Busan, jointly stored recycled goods, solid goods, etc. in front of the Seo-gu, Busan, caused damage to the market price by putting them away from the front of the container, which was used as a warehouse, to be moved to the abolition of the container after attaching the fire to the front of the factory.

With respect to the amount of damage, the prosecutor initially prosecuted as “the amount equivalent to KRW 20 million at the market price,” and subsequently changed the bill of amendment to the bill of amendment to the bill of amendment.

Accordingly, the defendant destroyed the container, which is a general structure managed by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. Filing a report on the occurrence of a fire, application of statutes governing field photographs;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 one year to 15 years;

2. Scope of recommendations: Imprisonment with prison labor for a period of one year and six months to three years (basic sphere) (decision of a type), general standards for fire-prevention crime group, types two (Setting fire-prevention, such as other buildings).

3. The crime of this case, which was determined to be sentenced, was destroyed by setting fire to the building of the victims.

In the case of fire-fighting, many and unspecified people are in danger of public safety and peace.