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(영문) 서울동부지방법원 2018.05.31 2018고합80

일반물건방화

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2018, between 00:24 and 00:30 on the same day, the Defendant used plastic signboards owned by the victim D(52) (S) who was set up on a runway near Gwangjin-gu Seoul Special Metropolitan City, with a alley, and used it as a alley, put it up on the front side of the waste located there, and put it up on the signboard by putting it up on the front croke by attaching a fire to the front croke.

As a result, the defendant set fire to others' things, and moved to others' things in the vicinity of the fire, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Protocols of seizure;

1. Data from the output of each type of cryp image;

1. Application of Acts and subordinate statutes to a report on the occurrence of a fire and its accompanying documents, and a criminal investigation 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 favorable circumstances shall be considered as the grounds for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. As to the Defendant’s assertion under Article 48(1)1 of the Confiscation Criminal Act, the Defendant asserts that there was no circumstance that could cause public danger, such as snow-fluoring around the place where the fire was set at the time of the instant case, and that the Defendant did not have intention to cause public danger.

Defendant

In addition, the defense counsel stated that the facts charged was recognized on the first trial date, but the defendant did not act in this court that "I want to harm any person";

I did not think that it may be moved to another place in snow on the floor;

At the time, I knew that it cannot be prejudicial to any harm due to snow.

“The statement was made”.

In addition to the statement of the written opinion that the defendant directly prepared and submitted, the defendant's assertion.