beta
(영문) 서울동부지방법원 2017.11.24 2017고합316

일반물건방화

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant had a good appraisal for a specific religious person in the ordinary sense, but did not seem to have a religious-related banner frequently caused around the apartment complex located in the Defendant’s place of residence.

1. The Defendant, around the first half of June 2017, destroyed the banner by putting the banner as soon as possible on a banner of KRW 20,000 at the market price installed by the victim D, etc. in India near the latter part of Gangdong-gu Seoul Metropolitan Government (e.g., “veve, e., g., g., g., g., g., g., g., g., g.

Accordingly, the defendant destroyed another person's property and caused public danger.

2. On June 28, 2017, the Defendant: (a) destroyed the said banner by putting it on a banner of KRW 50,000 (hereinafter referred to as “the prohibition of parking of an external vehicle”) equivalent to the market price installed by the victim E in India near the latter part of Gangdong-gu Seoul Metropolitan Government 39 Complex; and (b) setting it as a colorer by attaching it to it.

Accordingly, the defendant destroyed another person's property and caused public danger.

3. Around July 6, 2017, the Defendant: (a) destroyed the said banner by putting it on a banner of KRW 50,000 (hereinafter referred to as “inward vehicle parking prohibition”) equivalent to the market price installed and managed by the victim F, etc. on the back of the latter part of Gangdong-gu Seoul Metropolitan Government Complex C9, Gangdong-gu (hereinafter referred to as “inbound vehicle parking prohibition”).

Accordingly, the defendant destroyed another person's property and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, E, and D;

1. The criminal place;

1. Investigation report (Investigation into a fire-fighting site to determine whether it is dangerous to the public, confirmation of banner installed by victim D, and confirmation of banner (control against outside vehicles parking));

1. Application of statutes on records of seizure and lists of seizure;

1. Article 167 (1) of the Criminal Act concerning the facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against general goods as provided for in paragraph (3) of the same Article with the largest offense)

1. The Criminal Act for mitigation of quantity;