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(영문) 대전지방법원 2019.07.04 2019고합77

일반물건방화

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Although the Defendant had, in the past, B, who had a relationship with the Defendant, had the Defendant engage in a funeral service using a urier type packing horse in the Defendant’s possession, the Defendant saw that the Defendant left the packing horse in the body of the victim C owned by B so that he could no longer engage in a funeral service for the rier, even after he transferred the trier to the victim C.

On February 4, 2019, at around 05:43, the Defendant found a packaging horse owned by the victim C, which was set up in front of the Seo-gu Daejeon Building, and entered the package, carried it into the package, and used a gas store (i.e., daily gas gun) to put a fire into the package, and caused the ELPG to spread to the entirety of the packing horse installed with a ELP gas tank for the purpose of manufacturing the hobs and the hobs and the hobs and the manufacturer's use of the gas store (i.e., daily gas gun).

Accordingly, the defendant destroyed the packages for sale of 2 million won or more at the market price owned by the victim and caused public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the victim B and C;

1. Application of Acts and subordinate statutes to report on the occurrence of a fire, investigation report, on-site photographs, CCTV photographs, internal investigation reports (including internal investigation, etc. against the victim), CCTV photographs (the moving line prior to and after the commission of a crime), diagnosis certificates, written contracts, police investigation reports (Submission of a written agreement and calculation of the amount of damage caused by fire) to each police investigation report;

1. Article 167 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination as to the defendant and defense counsel's assertion under Article 62-2 of the Probation Criminal Act

1. The summary of the argument is that the Defendant: (a) discovered that the packaging horse of this case was one’s own; and (b) did not cause any shock to commit suicide according to the dead children; and (c) did not cause any such motive as indicated in the facts charged.

2. Determination.