beta
(영문) 대구지방법원 2014.04.11 2013고합532

일반건조물방화등

Text

A defendant shall be punished by imprisonment for one year.

A set of tampers for once (No. 2) seized shall be confiscated.

Reasons

Punishment of the crime

On November 19, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for the main building and fire prevention at the Daegu District Court on November 19, 201, and completed the execution of the sentence on September 19, 2013.

However, after being released from the military court, the Defendant did not seem to have been employed on the grounds that he was older than his age.

1. On November 5, 2013, at around 23:52, the Defendant: (a) destroyed the wall surface, etc. of the factory of the building, which is a building, by attaching a fire to a log, a banner, etc. located there, which was owned near the wall surface of the E-factory operated by the victim D in Busan-si; and (b) caused it to spread to the street lamps, the wall surface of the factory, and the roof receiving water, etc.; and (c) destroyed the wall of the factory of the building so as to cover repair costs of approximately six hundred thousand won.

2. At around 23:55 on the same day, the Defendant: (a) destroyed a fire from the front of the Frant in front of the Frant in front of the Frant, to a stringer, etc., which caused a public danger by setting the fire so that the fire can be carried out by the street, etc. managed by the North-dong community service center in Gyeonggi-do; and (b) continuously attached the waste from the front of the studio “G” in front of the studio in front of the 200,000 won, to the 100,000 won away from the strings managed by the above community service center, thereby causing danger to the public.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and H;

1. A written statement of I;

1. Seizure records;

1. Each investigation report, internal investigation report, field photographs, and reports on the results of field identification;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article 166 (1) of the Criminal Act (the occupation of general buildings and fire prevention) and Article 167 (1) of the Criminal Act (the occupation of general goods and fire prevention) of the criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act shall be the largest general building and fire-prevention;