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(영문) 전주지방법원 2017.12.08 2017고합217

일반물건방화등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2017, the Defendant: (a) around 00:55, the Defendant: (b) opened a lid in the construction site of a half-year-year factory in the previous North Jeju-gun C; (c) opened an electric power distribution plate installed in the telegraph pole; and (d) opened a lid in both sides prepared in advance by attaching fire to the electric power circuit breaker; and (d) caused the fire to spread to the cream, thereby causing danger to the public by setting fire such as a short circuit breaker in an amount of KRW 90,00 in the market price managed by the victim E.

2. On August 1, 2017, the Defendant of the public structure fire prevention around 02:35, the Defendant was unable to carry out repair costs of KRW 10 million on the part of the sperm owned by the victim-free military unit, on the part side of the pole in advance, which is the victim-free military unit installed at the same time, on the part of the pole of the sperm owned by the victim-free military unit.

Accordingly, the defendant set fire to and damaged a structure that is used for public use.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Requests for cooperation with an investigation, such as on-site photographs, investigation reports on fire accidents, and requests for cooperation with an investigation;

1. Application of the Acts and subordinate statutes to each investigation report, report on occurrence and internal investigation report;

1. Relevant legal provisions of the Criminal Act and Article 165 of the Criminal Act (the occupation of a building for public use, the prevention of fire, the abandonment of imprisonment), and Article 167 (1) of the Criminal Act (the occupation of a fire to a general property);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments of two crimes prescribed in the heavier public building and fire-prevention, the punishment of which is to be imposed), among the crimes under Article 50 of the same Act;

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 extenuating circumstances among the reasons 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. Reasons for sentencing under Article 62-2(1) of the Criminal Act on the observation of protection and observation, and Article 59 of the Act on the Observation, etc. of Protection;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a)basic crimes: