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(영문) 서울북부지방법원 2015.12.10 2015고단3617

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

On August 21, 2015, around 18:20 on August 21, 2015, the Defendant was found in the Defendant’s residence of Dongdaemun-gu Seoul Dongdaemun-gu, 501, or C, but the Defendant did not open a door. However, the Defendant was able to put the door into the waste bag, a non-main product stored in the front stairs of 501, and a single-use bag.

Accordingly, the defendant destroyed the object owned by him and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Report on the results of field identification;

1. Application of each fire site photograph Act;

1. Relevant Article 167 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. The fact that the defendant's decision of sentencing has a depth of and reflects his criminal act, and that the defendant has no record of criminal punishment since 1987, etc., are favorable to the defendant, but the defendant has a heavy punishment in that the defendant did not lead to the crime of this case, the circumstances leading up to the crime of this case, the method of the crime, and the fire of this case, but the crime of fire prevention is considerably serious social loss, and the punishment is determined as ordered by taking into account all the circumstances shown in the arguments of this case, such as the defendant's age, family relation, and inclination.