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(영문) 의정부지방법원 2016.07.13 2016고합151

현주건조물방화등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

A. The Defendant’s appearance does not want the Defendant’s punishment (No. 5, No. 44, the evidence list No. 5, the investigation records No. 9, and the investigation records No. 108), etc., taking into account the circumstances favorable to the Defendant, such as the motive, means and result of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, environment, and sexual behavior, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court ( imprisonment from June to April 1).

1. Fire prevention of a suspender building: Fire prevention crime group, general standards, type 1 (the prevention of fire, such as the suspender building, and public buildings, etc.), mitigation area (the case where actual damage is insignificant): Imprisonment with prison labor for one year and six months to three years;

2. Theft: thief; thief for general property; 2 types (general larceny); 6 months to 1 year; imprisonment for a basic area;

3. Crimes of Bodily Injury: The scope of recommended punishment according to the standards for handling multiple crimes: the group of violent crimes, general bodily injury, type 1 (general injury), mitigation area (special mitigation person): imprisonment with prison labor for 2 months to 1 year; imprisonment with prison labor for 1 year and 2 years; imprisonment with prison labor for 1 year and 6 months to 4 years; and the sentence shall be determined as per the order;

2. The crime of this case committed by Defendant B was committed with a dangerous object, and caused injury to the victim by force of the victim. Considering that the nature of the crime is not good in light of the form of the crime, implements, and the part of the injury, etc., Defendant B’s strict punishment is necessary.

However, the fact that the defendant fully acknowledges and reflects the crime, and that the person under the influence of alcohol was brought about to fit without any particular reason, and that there are circumstances that can be considered in the circumstance of the crime, and that the victim does not want the punishment of the defendant (2016 Gohap 151 Gohap 32, 142, 201), and that there is no record of criminal punishment except for the defendant's prior conviction of a single fine.