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(영문) 수원지방법원 안산지원 2016.02.05 2015고합285

일반물건방화

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

. The Defendant: (a) was set up in front of the 1st floor of the 1st floor of the 2015, 05:20 on October 5, 2015, the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 1st floor.

D A. A. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. L., B. B. B. B. L., B. B. B. B. L., B. B.D.

Accordingly, the defendant caused public danger by setting fire to others' property by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D;

3. Police seizure records;

4. Closed circuit television (CCTV) video recorded in the CDs;

5. Application of each statute of photograph;

1. Article 167 (1) of the Criminal Act applicable to the facts constituting the crime;

2. Article 52(1) and Article 55(1)3 (self-denunciation) of the Criminal Act, Article 62(1) of the Criminal Act, the suspension of execution of three execution of which is statutory mitigation;

4. Protection observation order under Article 62-2 of the Criminal Act.

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

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

(a) Determinations of types: Fire-Fighting Crime Group - General Criteria - Type 3 (Setting fire to general goods);

(b) Special sentencing factors: The number of persons, the number of persons, and the number of persons who are not subject to punishment;

(c) Scope of recommending punishment: Three months to one year (the lowest limit (six months) of the recommended punishment shall be mitigated by 1/2 because there exist two or more persons subject to mitigation and special mitigation).

3. In this case, the decision of sentence is that the defendant, who has set up the front door of the first floor of a multi-family housing on the new wall, has caused public danger, and the nature and circumstances of the crime are not considerably good.

It seems that there is a risk that more damage would have occurred if the residents were to move out to the fire brigade and the fire brigade in receipt of the report would have been likely to cause more damage if they were not extinguishing.

In light of these points, the responsibility of the defendant cannot be considered to be somewhat weak.

Provided, That the defendant is a yellow disability.